Miller v. Board
New York County Courts
Appeal from justice court. Action by Miles D. Miller against William Board and Lewis K. May-lender for damages for the nonperformance of an alleged contract between plaintiff and defendants, whereby, as claimed by plaintiff, he was employed by defendants to act as chief of police of the village of Johnstown, but was not permitted to enter on the discharge of the functions of such office. From a judgment in favor of plaintiff, defendants appeal. Reversed.
1Opinion of the CourtKeck, J.
The right of recovery in this action against the two appellant defendants depends upon the facts as to whether or not the alleged contract or agreement of employment between the plaintiff and defendants was a valid one, and, if made as claimed by plaintiff, enforceable against the appellants individually. There is no question but that, at the time of the making of the alleged contract for the employment of the plaintiff, the defendants were trustees of the village of Johnstown, and whatever was said by and between the parties on the subject of the plaintiff’s employment related solely to his…
2Cases cited2 opinions
- Hall v. . LauderdaleNew York Court of Appeals · 1871
- Nichols v. MoodyNew York Supreme Court · 1856
3Cited by1 opinion
- Burgard v. StateNew York Court of Claims · 1905