City of Cambridge v. Foster
Massachusetts Supreme Judicial Court
Contract by the city of Cambridge on a constable’s bond executed by John Foster as principal and the United States Fidelity and Guaranty Company as surety. Writ dated December 16,1908. In the Superior Court the case was tried before Fessenden, J. At the close of the plaintiff’s evidence the defendants rested. The judge ordered a verdict for the defendants, and reported the case for determination by this court.
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Contract by the city of Cambridge on a constable’s bond executed by John Foster as principal and the United States Fidelity and Guaranty Company as surety. Writ dated December 16,1908. In the Superior Court the case was tried before Fessenden, J. At the close of the plaintiff’s evidence the defendants rested. The judge ordered a verdict for the defendants, and reported the case for determination by this court. His report was as follows: On June 19,1900, Foster was a duly authorized constable of the city of Cambridge, and had given to the city the bond in suit. On this evening at about eleven…
1Opinion of the CourtHammond, J.
Although there are many conditions in the bond, the only one for the breach of whi'ch the beneficiary plaintiff, Clayton, has the right under the statute to put the bond in suit is that Foster, the principal obligor, should “ faithfully perform all the duties of a constable in the service of all civil processes committed to him.” Pub. Sts. c. 27, §§ 113, 115, now R. L. c. 25, §§ 88, 90. This condition is in substantial compliance with the statute, and the bond in this respect is a valid statutory bond notwithstanding it contains other conditions. It is urged by Clayton that while these other…
2Cases cited6 opinions
- Turner v. SissonMassachusetts Supreme Judicial Court · 1884
- City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1886
- Farr v. RouillardMassachusetts Supreme Judicial Court · 1899
- McIntire v. LinehanMassachusetts Supreme Judicial Court · 1901
- Tracy v. MerrillMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
- Price v. . HoneycuttSupreme Court of North Carolina · 1939
- Frost v. American Surety Co.Massachusetts Supreme Judicial Court · 1914
- State ex rel. Price v. HoneycuttSupreme Court of North Carolina · 1939
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
1 more not listed; retrieve them via the Exa API.