Wallace v. . Jones
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 2, 1907, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in a taxpayer’s action to set aside as illegal and collusive certain audits made by the defendants as supervisors of Nassau county.
1Opinion of the Court
Judgment affirmed, with costs, on the ground that the money having been paid before the action was commenced, no action for its recovery against the defendants jointly could be maintained unless on proof of collusion on the part of those defendants who did not receive the money ; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.
2Cited by9 opinions
- Stetler v. . McFarlaneNew York Court of Appeals · 1921
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1915
- Duffy v. LongoAppellate Division of the Supreme Court of the State of New York · 1994
- Knapp v. FasbenderAppellate Division of the Supreme Court of the State of New York · 1951
- Stewart v. ScheiNertAppellate Division of the Supreme Court of the State of New York · 1978
4 more not listed; retrieve them via the Exa API.