Jacobs v. City of Elmira
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Elmira, from a judgment of the County Court of Chemung county, entered in the office of the clerk of said county on the 9th day of August, 1911, pursuant to an order of said court entered on the same day, affirming a judgment of the City Court of the city of Elmira in' favor of the plaintiff.
1Opinion of the Court
Houghton, J.:
The plaintiff is a physician, of many years practice, residing in Elmira, and a year prior to March 23, 1903, the common council of that city had appointed him city physician at a stated *434salary. His duty under such appointment was to attend upon the employees of the various city departments and the indigent poor, when' called upon.
There was no express "provision in the city charter giving power to appoint a' city physician, but it had long, been the custom of the common council to make such appointments from year to year, under its general power “to enter into contracts for…
2Cases cited4 opinions
- Abrams v. HortonAppellate Division of the Supreme Court of the State of New York · 1897
- O'Connor v. WalshAppellate Division of the Supreme Court of the State of New York · 1903
- Connelly v. Commissioners of AlmshouseNew York Supreme Court · 1900
- Bell v. City of Few YorkAppellate Division of the Supreme Court of the State of New York · 1899