Legal Opinion

McNamara v. . the Mayor, Etc.

New York Court of Appeals

Decided March 16, 1897PublishedCited by 9 opinions

Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered March 12, 1895, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint on trial at Circuit. By this action the plaintiff sought to recover compensation as an inspector of masonry on the new Croton aqueduct for the period of one hundred and sixty-three days at the- rate of $120 per month.

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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered March 12, 1895, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint on trial at Circuit. By this action the plaintiff sought to recover compensation as an inspector of masonry on the new Croton aqueduct for the period of one hundred and sixty-three days at the- rate of $120 per month. The defendant, by its answer, admits the appointment of the plaintiff to said position, at the salary named, but alleges that he was subsequently discharged, and that…

1Opinion of the CourtVann, J.

On the eighth of June, 1887, the plaintiff was appointed an inspector of masonry by the aqueduct commissioners, pursuant to the provisions of chapter 490 of the Laws of 1883 and the various amendments. thereof. He accepted the appointment, duly qualified and entered upon the discharge of the duties assigned to him. On the fourth of January, 1888, and while he was still filling the position, the commissioners adopted a resolution, and directed the chief engineer to furnish a copy thereof to the “ inspectors on the line of the new aqueduct ” and others, to the effect that on and after January…

2Cases cited3 opinions

  1. Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
  2. Lethbridge v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
  3. Wardlaw v. . Mayor, Etc., New YorkNew York Court of Appeals · 1893

3Cited by9 opinions

  1. Fitzsimmons v. O'NeillIllinois Supreme Court · 1905
  2. Neid v. Tassie's Bakery, Inc.Supreme Court of Minnesota · 1945
  3. In re Brooklyn CitizenNew York Supreme Court · 1949
  4. Equitable Life Assur. Soc. v. LaroccoCourt of Appeals for the Third Circuit · 1933
  5. People v. EppersonAppellate Division of the Supreme Court of the State of New York · 1992

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