Legal Opinion

Molloy v. Board of Health

New York Supreme Court

Decided July 2, 1891PublishedCited by 5 opinions

Appeal from circuit court, Westchester county. Action by William Y. Molloy and Frank W. Molloy against the board of health of the town of Mamaroneck to recover a balance due on a contract made between plaintiffs and defendant for the construction of a sewer. From a judgment for defendant, plaintiffs appeal.

Read the full summary

Appeal from circuit court, Westchester county. Action by William Y. Molloy and Frank W. Molloy against the board of health of the town of Mamaroneck to recover a balance due on a contract made between plaintiffs and defendant for the construction of a sewer. From a judgment for defendant, plaintiffs appeal. Laws N. Y. 1885, c. 270, § 5, provides that “all expenses incurred by the several boards of health in tlie'execution and performance of their duties * * * shall be a charge only on their respective towns, and shall be audited, collected, and paid in the same manner as other town charges…

1Opinion of the CourtBarnard, P. J.

The plaintiffs performed work under a contract with the defendant. The expense was a town charge. Chapter 270, Laws 1885. The board of health has no place as a defendant. It is a town agency only. The claim must be presented to the town auditors for audit. People v. Barnes, 114 N. Y. 324, 20 N. E. Rep. 609, and 21 N. E. Rep. 739; People v. Board, 18 Barb. 567; Bell v. Town of Esopus, 49 Barb. 506. The judgment should therefore be affirmed, with costs.

2Cases cited2 opinions

  1. Bell v. Town of EsopusNew York Supreme Court · 1867
  2. People ex rel. Board of Health v. Board of SupervisorsNew York Supreme Court · 1854

3Cited by5 opinions

  1. Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
  2. Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
  3. People ex rel. Lester v. EnoAppellate Division of the Supreme Court of the State of New York · 1903
  4. People ex rel. Lester v. EnoAppellate Division of the Supreme Court of the State of New York · 1903
  5. Acme Road Machinery Co. v. Town of BridgewaterAppellate Division of the Supreme Court of the State of New York · 1905

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API