MacDonald v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 13th day of April, 1899, upon the decision of the court rendered after a trial before the court, without a jury, at the Richmond Trial Term.
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 13th day of April, 1899, upon the decision of the court rendered after a trial before the court, without a jury, at the Richmond Trial Term. Section 261 of the Greater New York charter referred to in the opinion provides as follows •: No action or special proceeding, for any cause whatever, shall be prosecuted or maintained against The City of New York, unless it shall .appear by and as an allegation in the complaint…
1Opinion of the Court
Hatch, J.:
By this action liability is sought to be enforced against the City of New York for a claim arising for services rendered by the plaintiff in making an examination of the mental condition of Bailer Decker, a person indicted for murder in the first degree, and reporting the results of such examination to the district attorney of the - county of Richmond. The rendition of the service is not questioned, and the value thereof is not disputed. It is claimed, however, that the bill was never presented for payment, to the comptroller of the city of New York, as'required by the charter of…
2Cases cited3 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Borst v. Town of SharonAppellate Division of the Supreme Court of the State of New York · 1898
- Sheehy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Raif v. StateCourt of Appeals of Georgia · 1964
- City of Hayward v. United Public Employees Local 390, Service Employees International Union, AFL-CIOCalifornia Court of Appeal · 1976
- Merwin v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1916
- People ex rel. Goodwin v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
- Ruprecht v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
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