O'Connor v. City of New York
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment directed in plaintiff’s favor, after a trial without a jury in the Municipal Court of the city of New York, second district, borough of Manhattan.
1Opinion of the CourtScott, J.
We are unable to differentiate the facta in this case, from those presented and passed upon in Munch v. *408City of New York, 47 Misc. Rep. 128. It was there held that, during the late months of 1902, Munch lawfully held the office of private clerk to one of the coroners; but that, since no salary had at that time been legally attached to the position, the plaintiff could not recover from the city. It is now urged that this plaintiff was appointed to an office theretofore held by one Albright, who had succeeded one McCormick. The evidence shows that McCormick held, for some time, a position…
2Cases cited1 opinion
- Munch v. City of New YorkAppellate Terms of the Supreme Court of New York · 1905