Legal Opinion

Town of Ulysses v. . Ingersoll

New York Court of Appeals

Decided October 3, 1905PublishedCited by 4 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 16, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs have a right to maintain this action as the real parties in interest. (Reilly v. Poerschke, 19 Misc.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 16, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs have a right to maintain this action as the real parties in interest. (Reilly v. Poerschke, 19 Misc. Rep. 612; Barlow v. Myers, 64 N. Y. 41; Clark v. Howard, 150 N. Y. 232; Hallenbeck v. Kindred, 109 N. Y. 620; Smith v. Perine, 121 N. Y. 376;…

1Opinion of the CourtO’Brien, J.

The defendants are the sureties upon the official bond of the treasurer of the county of Tompkins, and the plaintiffs seek to recover certain moneys that the treasurer failed to pay over to the plaintiffs, as was his duty, prescribed by statute. On the trial the plaintiffs’ complaint was dismissed on the ground that they had no right to bring or maintain the action. .

The obligations of the bond, which it is claimed were violated by the treasurer, and for which his sureties, are liable to the plaintiffs, are as follows :

“ The conditions of this obligation are such, that whereas, the above…

2Cases cited1 opinion

  1. Henricus v. . EnglertNew York Court of Appeals · 1893

3Cited by4 opinions

  1. Deth v. CastimoreAppellate Division of the Supreme Court of the State of New York · 1935
  2. In re the Estate of CollinsNew York Surrogate's Court · 1935
  3. Iron Molders' Union of North America v. I. & E. Greenwald Co.Ohio Superior Court, Cincinnati · 1906
  4. Larson v. St. Paul Mercury Indemnity Co.Arizona Supreme Court · 1953

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