Malcolm v. City of Boston
Massachusetts Supreme Judicial Court
Contract, by a retired police officer of the city of Boston, for pay alleged to be due him. The plaintiff haying deceased, the case was prosecuted by his administratrix. Trial in the Superior Court, without a jury, before Bond, J., who reported the case for the consideration of this court, in substance as follows. Malcolm was duly appointed a police officer of the city of Boston on December 24,1873, and held that office continuously till St. 1878, c. 244, took effect.
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Contract, by a retired police officer of the city of Boston, for pay alleged to be due him. The plaintiff haying deceased, the case was prosecuted by his administratrix. Trial in the Superior Court, without a jury, before Bond, J., who reported the case for the consideration of this court, in substance as follows. Malcolm was duly appointed a police officer of the city of Boston on December 24,1873, and held that office continuously till St. 1878, c. 244, took effect. He continued to be a police officer of the city of Boston under that act until St. 1885, c. 323, entitled “ An Act to…
1Opinion of the CourtMorton, J.
George F. Malcolm was appointed a police officer of the city of Boston in December, 1873, and continued in that office till the 5th day of January, 1893, when he was retired on his own petition with a pension. The action as brought was for back pay for various periods beginning with April, 1887, and ending with January 5, 1893, but at the trial all claim for back pay before July, 1890, was abandoned. Malcolm never performed any duty or reported for or offered to perform duty during the periods in question.
The administratrix contends that Malcolm was entitled to his salary while he held the…
2Cases cited1 opinion
- People, Ex Rel. Ryan v. . FrenchNew York Court of Appeals · 1882
3Cited by11 opinions
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Donoghue v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1923
- Quinlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1946
- Averell v. City of NewburyportMassachusetts Supreme Judicial Court · 1922
- Rich v. Mayor of MaldenMassachusetts Supreme Judicial Court · 1925
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