City of Lowell v. Parker
Massachusetts Supreme Judicial Court
This was an action of debt, brought for the benefit of William Bean, on a bond in the penal sum of $500, executed on the 30th of April 1841, by Joseph Parker, as principal, and Bethuel T. Cross and Charles Offutt, as sureties, the condition of which was, that said Parker should faithfully perform all the duties of the office of constable of the city of Lowell.
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This was an action of debt, brought for the benefit of William Bean, on a bond in the penal sum of $500, executed on the 30th of April 1841, by Joseph Parker, as principal, and Bethuel T. Cross and Charles Offutt, as sureties, the condition of which was, that said Parker should faithfully perform all the duties of the office of constable of the city of Lowell. The breach of this condition, assigned in the plaintiff ’s declaration, was, that said Parker, on the 15th of February 1842, acting under color of his said office, took and carried away certain goods, (enumerated,) the property of…
1Opinion of the CourtShaw, C. J.
The present action is brought in the name of the city of Lowell, on a bond given by Parker, on his appointment as a constable, against him and his sureties, for the use and benefit of a person who alleges himself to be aggrieved by the misfeasance of the constable in his office. Such an action is authorized by St. 1838, c. 181, § 3, which enables the mayor and aldermen of the city of Lowell to require of its constables to give bonds to the city, and directs that the proceedings on the bonds shall conform to those directed to be had on sheriffs’ bonds, which are regulated by Rev. Sts. c. 14,…
2Cases cited1 opinion
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
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