Tappan v. Brown
New York Supreme Court
Error from the superior court of the city of New-York. Brown was the public inspector of flour and meal in the city of New-York, and Tappan was one of his deputies from the 15th March, 1821?, to the 5th April, 1828. Tap-pan brought an action of assumpsit against Brown, claiming to recover 25 per cent, of the fees of office received by Brown during the above period, which claim amounted to upwards of $2500. By the act regulating the inspection of flour and meal, the inspector…
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Error from the superior court of the city of New-York. Brown was the public inspector of flour and meal in the city of New-York, and Tappan was one of his deputies from the 15th March, 1821?, to the 5th April, 1828. Tap-pan brought an action of assumpsit against Brown, claiming to recover 25 per cent, of the fees of office received by Brown during the above period, which claim amounted to upwards of $2500. By the act regulating the inspection of flour and meal, the inspector in the city of New-York is authorized to appoint as many deputies as he thinks proper to assist him in the execution of…
1Opinion of the Court
By the Court,
Nelson, J.
It is conceded by the counsel on both sides that the agreement between the parties comes within the act against buying and selling offices, 1 R. L. 109; the first section of which provides, that if any person bargain or sell any office or deputation of any office, or receive, have or take any money, or fee or profit, directly or indirectly, or take any promise or covenant, &c. to receive any money, fee, &c. for any office, or deputation of any office, or to the intent that any person should have, or enjoy the office, or deputation of any office, every such person who…
2Cases cited1 opinion
- Wilcox v. SmithNew York Supreme Court · 1830
3Cited by20 opinions
- New England Fire & Marine Insurance v. RobinsonIndiana Supreme Court · 1865
- State v. GintherWyoming Supreme Court · 1938
- Robertson v. RobinsonSupreme Court of Alabama · 1880
- Small v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Funk v. StateIndiana Supreme Court · 1898
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