Deyoe v. . Woodworth
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 8, 1893, which affirmed a judgment in favor of defendants entered upon an order dismissing the complaint on trial at Special Term. - This was an action upon a bond executed by the defendant Herbert J. Woodworth, on his appointment to the office of deputy sheriff, as principal, and by the other defendants as sureties, to plaintiff, who was the sheriff…
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Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 8, 1893, which affirmed a judgment in favor of defendants entered upon an order dismissing the complaint on trial at Special Term. - This was an action upon a bond executed by the defendant Herbert J. Woodworth, on his appointment to the office of deputy sheriff, as principal, and by the other defendants as sureties, to plaintiff, who was the sheriff of Saratoga county. The facts and provisions of said bond, so far as material, are stated in the opinion. The bond is a…
1Opinion of the CourtFinch, J.
The Penal Code provides that a person who gives or offers to give any gratuity or reward in consideration of an appointment to a public office with right to the receipt of its emoluments shall be guilty of a misdemeanor, (§ 52); and that a person who asks or receives any gratuity or reward or any promise thereof as a condition of appointment to a public office or a subordinate position therein shall also be guilty of a misdemeanor. (§ 53.) The substance of these provisions came from the Revised Statutes and their prohibition has long been the law of the state. They proceed upon the ground…
2Cases cited2 opinions
- Tappan v. BrownNew York Supreme Court · 1832
- Becker v. Ten EyckNew York Court of Chancery · 1836
3Cited by4 opinions
- United States v. HalloranCourt of Appeals for the Second Circuit · 2016
- People ex rel. White v. ClintonAppellate Division of the Supreme Court of the State of New York · 1898
- Francis v. JoslynAppellate Court of Illinois · 1935
- United States v. HalloranCourt of Appeals for the Second Circuit · 2016