Mather v. Crawford
New York Supreme Court
THE action was brought to recover for services rendered, in building or repairing a bridge in the town of Rathhone, in the county of Steuben, The pleadings admit, and the proof shows, that Lucius Parker was, from May, 1856, until after January, 1858, sole commissioner of highways of the town of Rathhone. That Harrison Van Scoy was his successor, and was sole commissioner of said town at the time of the commencement of this action.
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THE action was brought to recover for services rendered, in building or repairing a bridge in the town of Rathhone, in the county of Steuben, The pleadings admit, and the proof shows, that Lucius Parker was, from May, 1856, until after January, 1858, sole commissioner of highways of the town of Rathhone. That Harrison Van Scoy was his successor, and was sole commissioner of said town at the time of the commencement of this action. The action was originally commenced against Van Scoy, and he having been succeeded in office by Lewis D. Crawford, the latter was, after the trial, substituted in…
1Opinion of the Court
By the Court,
Johnson, J.
The action is brought against the successor in office of the commissioner with whom the contract to build the bridge in question was made, and whether the action can be maintained or not depends entirely upon the question whether the contract was within the scope of the authority of the predecessor, as commissioner of highways, and was binding upon the town, of which he was at the time such commissioner. (2 R. S. 474, § 98.) If it was, the action is maintainable against the defendant, and the judgment, when recovered, is to be collected of him personally, and the…
2Cases cited2 opinions
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- People v. Commissioners of Highways of City of HudsonNew York Supreme Court · 1831
3Cited by5 opinions
- Huggans v. . RileyNew York Court of Appeals · 1890
- People ex rel. Slater v. SmithNew York Supreme Court · 1894
- Berlin Iron Bridge Co. v. WagnerNew York Supreme Court · 1890
- Beckwith v. WhalenNew York Supreme Court · 1872
- Huggans v. RileyNew York Supreme Court · 1889