City of New York v. Baird
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of New York, from that part of a judgment" of tlié 'Supreme Court which is "in "favor of the defendants 'James 'Baird arid James Evérard, and which was -énteréd in'-:thé" office of the clerk of the county of New York on the" 21st.day of October, 1908, upon the dismissal of the complaint by direction of the qou-r-t.ns to'-said defendants, after a trial,at-the New York Trial Term, a verdict in favor of the plaintiff against the-defendant…
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Appeal by the plaintiff, The City of New York, from that part of a judgment" of tlié 'Supreme Court which is "in "favor of the defendants 'James 'Baird arid James Evérard, and which was -énteréd in'-:thé" office of the clerk of the county of New York on the" 21st.day of October, 1908, upon the dismissal of the complaint by direction of the qou-r-t.ns to'-said defendants, after a trial,at-the New York Trial Term, a verdict in favor of the plaintiff against the-defendant William .'P. Baird having been rendered by direction of the court.
1Dissent
Houghton, J. (dissenting) :
I think the judgment dismissing the complaint was. tight and should be affirmed. There is no dispute that the city had $25,000 in cash which belonged to Baird when the Kelly claim for damages was tiled, and that it proposed to keep the money to meet that claim. Hor is there any dispute that negotiations were! had by Baird with the city for payment to him of the $25,000, which negotiations resulted in the city Consenting'to pay the sum over to him upon liis-giving a new bond in the sum of $10,000 to meet whatever damages Kelly, might establish. ■ I concede that the…
2Cases cited3 opinions
- Commonwealth ex rel. Bellas v. VandersliceSupreme Court of Pennsylvania · 1822
- City of New York v. . BairdNew York Court of Appeals · 1903
- City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1902