Gibbs v. Manchester
Supreme Court of New Hampshire
Assumpsit, for breach of contract. Writ dated April 22,1901. Trial by jury and verdict for tlie plaintiff. Transferred from tbe November term, 1904, of the superior court by Pike, J. In 1894, tbe plaintiff was appointed a police officer for the city of Manchester by tbe police commissioners, under tbe provisions of chapter 202, Laws 1893. January 28, 1896, he was removed from office by the commissioners, without charges being preferred against him and without a hearing, by…
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Assumpsit, for breach of contract. Writ dated April 22,1901. Trial by jury and verdict for tlie plaintiff. Transferred from tbe November term, 1904, of the superior court by Pike, J. In 1894, tbe plaintiff was appointed a police officer for the city of Manchester by tbe police commissioners, under tbe provisions of chapter 202, Laws 1893. January 28, 1896, he was removed from office by the commissioners, without charges being preferred against him and without a hearing, by an order contained in and made a part of an order entered in a proceeding against another officer. When he reported for…
1Opinion of the CourtBingham, J.
The trial in the superior court proceeded upon the ground that the plaintiff’s appointment and qualification as a police officer constituted a contract between him and the city of Manchester, to continue “ during good behavior and while competent to discharge the duties of the office,” or until he was removed by the police commissioners “ for good and sufficient cause and after a due hearing.” The form of action was assumpsit to recover damages for a breach of the supposed contract, and the breach relied upon was the dismissal of the plaintiff by the commissioners from the police force,…
2Cases cited23 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- Fisk v. Jefferson Police JurySupreme Court of the United States · 1885
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
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3Cited by11 opinions
- Peterson v. City of ButteMontana Supreme Court · 1912
- Ingersoll v. WilliamsSupreme Court of New Hampshire · 1978
- Perron v. City of SomersworthSupreme Court of New Hampshire · 1988
- Blake v. Town of PittsfieldSupreme Court of New Hampshire · 1984
- Finneran v. City of BurlingtonSupreme Court of Vermont · 1915
6 more not listed; retrieve them via the Exa API.