Baker v. Bucklin
Appellate Division of the Supreme Court of the State of New York
Appear by the plaintiff, Joseph W. Baker, from a judgment of the Supreme Court in favor of the defendant, entered in. the office of the clerk of the "county of Herkimer on the 23d day of May, 1898, upon the decision of- the court, rendered after a trial before the court without a jury at the Herkimer Trial Term, dismissing the •complaint upon the merits.
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Appear by the plaintiff, Joseph W. Baker, from a judgment of the Supreme Court in favor of the defendant, entered in. the office of the clerk of the "county of Herkimer on the 23d day of May, 1898, upon the decision of- the court, rendered after a trial before the court without a jury at the Herkimer Trial Term, dismissing the •complaint upon the merits. On or about May 1, 1896, John T- Kerrivan, as county treasurer -of Herkimer county, issued to plaintiff as a hotelkeeper in the village of Herkimer, in said county, a liquor tax certifícate, for which he received from the plaintiff the sum of…
1Opinion of the Court
Smith, J.:
The plaintiff encounters two obstacles to his recovery. He has conceded upon the trial that the defendant is not liable individually. It appears from the evidence that he has none of the moneys which the plaintiff, claims to have paid to his predecessor through mistake. Those moneys have all been- paid, pursuant to the law, either to the State or to the village of Herkimer. The fact that defendant has other moneys in liis hands paid to him for like purposes would not authorize him to pay the plaintiff’s claim. As to the disposition of that fund the statute has given him explicit…
2Cases cited2 opinions
- Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- New v. Village of New RochelleNew York Supreme Court · 1895
3Cited by1 opinion
- People ex rel. Flinn v. CullinanAppellate Division of the Supreme Court of the State of New York · 1906