Smith v. . City of Albany
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in third judicial' dejiartment, affirming a judgment in favor of the defendant, entered upon the report of a referee. (Reported below, 7 Lans., 14.) This action was brought to recover for the use of plaintiff’s horses and carriages, hired by a committee of the defendant’s common council.
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Appeal from judgment of the General Term of the Supreme Court in third judicial' dejiartment, affirming a judgment in favor of the defendant, entered upon the report of a referee. (Reported below, 7 Lans., 14.) This action was brought to recover for the use of plaintiff’s horses and carriages, hired by a committee of the defendant’s common council. At a meeting of the common council of the city of Albany (of which the plaintiff was a member), in June, .1869, a resolution was adopted, for which plaintiff voted, to appropriate $2,500 for the purpose of defraying the expenses of celebrating the…
1Opinion of the Court
Gray, C.
The common council of the city of Albany, of which the plaintiff was a member, were the agents of the city, and while holding that relation to it each member of that body was under such an obligation of absolute loyalty to the interests of the city as prohibited any member of the board from entering into any arrangement with his associates by which his individual interest could come in conflict with the interests of his constituents, who are entitled exclusively to such an exercise of his caution and judgment in their behalf as an ordinarily prudent man would exercise in his own…
2Cases cited2 opinions
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Collier v. . MunnNew York Court of Appeals · 1869
3Cited by56 opinions
- Berka v. WoodwardCalifornia Supreme Court · 1899
- Mayor of Macon v. HuffSupreme Court of Georgia · 1878
- Norbeck & Nicholson Co. v. StateSouth Dakota Supreme Court · 1913
- State v. KellyNew Mexico Supreme Court · 1921
- Grand Island Gas Co. v. WestNebraska Supreme Court · 1890
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