Vedder v. Superintendents of the Poor
New York Supreme Court
Error to the Schenectady common pleas. Yedder brought assumpsit in the court below against the superintendents of the poor of Schenectady county, for services as a j ustice of the peace, performed at their request. The cause was referred to a sole referee.
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Error to the Schenectady common pleas. Yedder brought assumpsit in the court below against the superintendents of the poor of Schenectady county, for services as a j ustice of the peace, performed at their request. The cause was referred to a sole referee. On the trial it appeared that the plaintiff was a justice of the peace in the city of Schenectady from May 1842, to May 1843, and during that period, without any agreement as to price, was employed to take affidavits of paupers being county charges, and draw orders for t'heir relief: that he had presented his account for these services to…
1Opinion of the Court
By the Court, Whittlesey, J.
The defendants are public agents. The business for which the action is brought was performed by the plaintiff as a justice of the peace under the statr ute, and ! cannot see how an action would lie against the defendants in any event. It is true the case states that the service was rendered upon their employment; which amounts to this : one public officer, at the request or designation of another, performed service for which he was entitled to compensation from the public treasury. From, such a cause no right of action would accrue between them, except under…
2Cases cited1 opinion
- Weaver v. DevendorfNew York Supreme Court · 1846
3Cited by10 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- City of St. Louis ex rel. Murphy v. ClemensSupreme Court of Missouri · 1869
- Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
- Goodnow v. Board of CommissionersSupreme Court of Minnesota · 1865
- Flagg v. Manhattan Ry. Co.U.S. Circuit Court for the District of Southern New York · 1881
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