Ladd v. City of Newburyport
| Decision Date | 11 April 1919 |
| Citation | 122 N.E. 874,232 Mass. 570 |
| Parties | LADD v. CITY OF NEWBURYPORT. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Report from Superior Court, Essex County; Hugo A. Dubuque, Judge.
Action by George G. Ladd against the City of Newburyport, resulting in finding for defendant. On report to the Supreme Judicial Court. Judgment ordered to be entered for defendant.
Mr. Nelson, the city solicitor, recalled, testified that before the aldermen voted on the order as to resignation and expunging, he talked, he thought, with all of the aldermen; that Mr. Besse told him he had such an order as was passed that he was going to introduce at the request of Mr. Herlihy; that he told the aldermen, if they were going to accept Mr. Ladd's resignation, he, the solicitor, had no objections to the order being passed, but did not want it passed unless they were going to accept the resignation later. Defendant objected and there was the following:
‘The Court: Yes.
T. S. Herlihy, of Newburyport, for plaintiff.
Horace I. Bartlett, City Sol., of Newburyport, for defendant.
This is an action of contract in which the plaintiff claims to recover for services as a police officer of the defendant city, from April 24, 1916, to October 10, 1916.
At the trial without a jury it was admitted or found on the testimony that on April 24, 1916, the plaintiff was a police officer duly appointed under the civil service laws and rules of the commonwealth; that on that day, to the city marshal, he tendered his resignation orally to take effect immediately, and in writing to take effect May 1, 1916; that on the same day, after the plaintiff had tendered his said resignation, the city marshal suspended the plaintiff by a written order, wherein the plaintiff was charged with drunkenness; that on April 25, 1916, the city marshal reported to the mayor of the defendant city that he had suspended the plaintiff for drunkenness and also handed him the written resignation, addressed ‘To the Mayor and Honorable Board of Aldermen’; that the mayor gave to the city clerk, who is clerk of the board of aldermen, the marshal's report and the plaintiff's resignation, and they were filed; that on April 27, 1916, the plaintiff wrote the mayor and board of aldermen that he withdrew his resignation and asked for a public hearing on the charges upon which the marshal had suspended him, which charges, it is admitted, had not then been filed by the city marshal in the city clerk's office; that at the next meeting of the board of aldermen, on May 1, 1916, it was voted to give the plaintiff, a public hearing on May 8, 1916, at a special meeting; that on May 8, 1916, the plaintiff stated to the...
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Bell v. Treasurer of Cambridge
...Phillips v. City of Boston, 150 Mass. 491, 23 N.E. 202;Streeter v. City of Worcester, 177 Mass. 29, 58 N.E. 277;Ladd v. City of Newburyport, 232 Mass. 570, 122 N.E. 874;Branche v. City of Fitchburg, 306 Mass. 613, 29 N.E.2d 131. It is true that the respondent did not formally resign or expr......
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Bell v. Treasurer of Cambridge
...from the further performance of his duties. He is not entitled to a salary during the time such a suspension remains in force. Ladd v. Newburyport, 232 Mass. 570 . Branche Fitchburg, 306 Mass. 613 . Brassell v. Brandon, 223 Ala. 324. Nightingale v. Williams, 70 Cal.App. 424. Westberg v. Kan......
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Branche v. City of Fitchburg
...from unjustified removal or suspension against his will. They do not override his will. He may resign at any time. Ladd v. Newburyport, 232 Mass. 570, 122 N.E. 874. If he is content to be removed or suspended, the public has no interest in retaining him. In Phillips v. Boston, 150 Mass. 491......
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Jones v. Town of Wayland
...of Cambridge, 310 Mass. 484, 38 N.E.2d 660 (1941). See Branche v. Fitchburg, 306 Mass. 613, 29 N.E.2d 131 (1940); Ladd v. Newburyport, 232 Mass. 570, 122 N.E. 874 (1919). Similarly, the payments to a police officer under § 111F, which are to be paid "at the same times and in the same manner......