Hosack v. College of Physicians & Surgeons
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit, in October, 1828, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of assumpsit, tried at the New-York circuit, in October, 1828, before the Hon. Ogden Edwards, one of the circuit judges. The declaration contained the common money counts and a coun¿ Up0n an account stated; the defendants pleaded the general issue and gave notice of set off On the trial the plaintiff gave in evidence ten certificates, signed by the treas- . , . urer and registrar of the college of various dates between 4th j)ecem[)ei.; 1817, and 8th April, 1820, certifying certain sums of money, amounting, together, to $1911,48, to be due to the plaintiff and to be payable…
1Opinion of the Court
By the Court,
Sutherland, J.
The certificates given in evidence were objected to by the defendants as incompetent evidence, on the ground that the officers by whom (hey were given acted in this respect without legal competent authority. It was not pretended that it was within the scope of the general powers of the treasurer and registrar to borrow money on the credit of the college, or to bind the defendants by any certificate's or admissions which they might think proper to make ; but it was contended that they had a special authority in this case, under the resolution of the board of trustees…
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