Bennett v. Burch
Court for the Trial of Impeachments and Correction of Errors
Error from the Chenango common pleas. Bennett and Hall, as trustees of school district No. 16, in New Berlin, on the 6t.h day of April, 1843, sued Burch before a justice of the peace, and declared against him as one of the commissioners of common schools of that town, for $73.79 of debt, being the amount of public school money set off and apportioned according to law to that district, on the first Tuesday of April, 1843, and which had been received by the defendant, who, it…
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Error from the Chenango common pleas. Bennett and Hall, as trustees of school district No. 16, in New Berlin, on the 6t.h day of April, 1843, sued Burch before a justice of the peace, and declared against him as one of the commissioners of common schools of that town, for $73.79 of debt, being the amount of public school money set off and apportioned according to law to that district, on the first Tuesday of April, 1843, and which had been received by the defendant, who, it was alleged, had refused to pay it to the plaintiffs, or to the clerk of the district. The defendant plead nil debet,…
1Opinion of the Court
By the Court, Beardsley, J.
A witness for the plaintiffs testified that the defendant refused to pay the school money to the plaintiffs, when requested so to do by them. The witness was then asked by the defendant’s counsel to state the reasons which were given at the time by the defendant for his refusal to pay over the money, to which inquiry the plaintiffs objected, but the objection was overruled by the court, and the witness was allowed to testify on that point.
The decision was correct: the reasons assigned for the refusal were essential parts of the act of refusal, and the defendant was…
2Cases cited1 opinion
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by22 opinions
- Wall v. TrumbullMichigan Supreme Court · 1867
- Bouchaud v. DiasNew York Supreme Court · 1846
- Bullymore v. . CooperNew York Court of Appeals · 1871
- Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851
- Walrod v. BallNew York Supreme Court · 1850
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