232 Mass. 570 | Mass. | 1919
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 on May 1, 1916; that on the same day, after the plaintiff had tendered his said resignátion, 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,
Upon the foregoing facts, and the inferences to be drawn therefrom, the presiding judge was warranted in finding and ruling, as he did, that the plaintiff waived all rights to a hearing and acquiesced in all that was done by the board of aldermen at the meeting of the board, May 8, 1916. This finding disposes of the plaintiff’s claim for salary, and required a ruling in favor of the defendant. Phillips v. Boston, 150 Mass. 491. Malcolm v. Boston, 173 Mass. 312, 318. There was no error in admitting the
In accordance with the stipulation contained in the report, judgment is to be entered for the defendant.
So ordered.