## Facts

- Stephen Gray served as a special police officer in Atlantic City and worked in connection with the county prosecutor’s efforts.
- Theresa D. Martino’s diamonds and jewelry were stolen, and she advertised a reward for their recovery.
- Gray alleged a verbal agreement under which Martino would pay him $500 if he provided the thieves’ names and addresses and enabled recovery of the property.
- Gray used information he possessed and worked with police authorities, after which the stolen items were recovered.
- Gray sued Martino for the $500; the District Court of Atlantic City (bench trial) entered judgment for Gray.

## Issues

1. Whether a public officer charged with law enforcement may enforce a private promise of a reward for services that fall within the officer’s official duties.
2. Whether performance of a pre-existing public duty can constitute consideration for a private contract for additional compensation absent statutory authorization.

## Decision

- The New Jersey Supreme Court reversed the judgment for Gray.
- The court held that Gray was a public officer charged with enforcement of the law and that his efforts to assist recovery of the stolen property were presumed to be performed in discharge of that public duty.
- Because public policy forbids a public officer from receiving extra private compensation for official acts beyond what the law allows, the alleged agreement was unenforceable.
- Martino was not liable on the promised $500 reward, and Gray recovered nothing.

## Legal Principles

- Public policy bars a public officer from demanding or receiving any remuneration for services performed in the discharge of official duty beyond compensation prescribed or allowed by law.
- When an officer renders services of the type the office requires, the services are presumed performed in an official capacity and cannot supply consideration for a private promise of payment.
- Statutory reward schemes may create limited exceptions by authorizing rewards broadly for detection and prosecution of crimes; absent such authorization, private reward agreements with officers for official acts are void.

## Conclusion

A special police officer could not collect a privately promised reward for helping identify offenders and recover stolen property because the services were within the officer’s law-enforcement duties, making the agreement unenforceable as contrary to public policy and lacking valid consideration.


Gray v. Martino, 91 N.J.L. 462, 103 A. 24 (N.J. 1918)