Mass. Gen. Laws » Part I Title XV Chapter 105
Massachusetts General Laws

Mass. Gen. Laws ch. 105, § 3 (2026)

Action on bond

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 3. Whoever is injured by the failure of a licensed warehouseman to perform his duty or his violation of any provision of this chapter may bring an action for his own benefit, in the name of the commonwealth, on the bond of such warehouseman. The writ shall be endorsed by the person in whose behalf such action is brought, or by some other person satisfactory to the court; and the endorser shall be liable to the defendant for any costs which he may recover in such action, but the commonwealth shall not be liable for any costs.

Notes of Decisions
Cited in 3 cases, 1921–1928 · leading case: Treasurer & Receiver Gen. v. Macdale Warehouse Co., 160 N.E. 434 (Mass. 1928).
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Treasurer & Receiver Gen. v. Macdale Warehouse Co., 160 N.E. 434 (Mass. 1928). “This is an action of contract, brought by the National Radiator Company in the name of the Treasurer and Receiver General of the Commonwealth, under the provisions of G. L. c. 105, § 3, against the Macdale Warehouse Co.”
Commonwealth v. Mkt. Warehouse Co., 146 N.E. 29 (Mass. 1925). · cites it 2× “G. L. c. 105, § 3, gives to the person injured by the warehouseman’s neglect the right to recover, and to bring an action for his own benefit in the name of the Commonwealth on the bond of the warehouseman.”
Commonwealth v. Fid. & Cas. Co. of New York, 131 N.E. 448 (Mass. 1921). “69, § 2 (see now G. L. c. 105, § 3), as follows: “ Whoever is injured by the failure of a public licensed warehouseman to perform his duty or by his violation of any of the provisions of this chapter may bring an action for his own benefit, in the name of the Commonwealth, on…”
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