Stern v. Knowlton
Massachusetts Supreme Judicial Court
Tort by a constable, who had been defendant in two actions of replevin, against another constable for negligently accepting insufficient sureties on the replevin bonds. Writ in the Municipal Court of the City of Boston dated September 11, 1901. On appeal to the Superior Court the case was tried before Hardy, J., without a jury. The judge admitted certain evidence against the defendant’s objection.
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Tort by a constable, who had been defendant in two actions of replevin, against another constable for negligently accepting insufficient sureties on the replevin bonds. Writ in the Municipal Court of the City of Boston dated September 11, 1901. On appeal to the Superior Court the case was tried before Hardy, J., without a jury. The judge admitted certain evidence against the defendant’s objection. He refused to rule that the plaintiff could not recover and also refused to make certain other rulings requested by the defendant, and found for the plaintiff in the sum of $525.25. The defendant…
1Opinion of the CourtBarker, J.
The action is in tort to recover from the defendant indemnity for losses sustained in consequence of his negligently taking insufficient sureties upon two replevin bonds taken upon writs which he served as a constable. The action is founded upon the common law and such actions are recognized by our statutes and decisions. See Rev. Sts. c. 113, § 39, and Commissioners’ note to same; Gen. Sts. c. 143, § 21; St. 1870, c. 309, § 1; Pub. Sts. c. 184, §§ 18, 27; R. L. c. 190, *30§§ 15, 24; Ladd v. North, 2 Mass. 514, 516, 517; Parker v. Simonds, 8 Met. 205; Pomeroy v. Trimper, 8 Allen, 398, 400;…
2Cases cited2 opinions
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
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