Bragg v. Town of Victor
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Ontario County. Action by Martin F. Bragg against the town of Victor. Demurrer to the complaint was overruled, and judgment rendered for plaintiff for the amount of his claim, and defendant appeals.
1Opinion of the CourtWilliams, J.
The judgments interlocutory and final should be reversed, and the demurrer to the complaint be sustained, with costs of this appeal to the appellant, and with leave to the respondent to plead over upon paying the costs of this appeal and of the demurrer.
The- action is to recover $100 upon the facts alleged in the complaint. The demurrer raises the question whether such facts constitute a cause of action. The allegations are that March 7, 1899, the electors of the town passed a resolution authorizing the town board to make an appropriation, not-to exceed $8,000, for the purchase of a site and…
2Cases cited4 opinions
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
- Bennett v. Town of OgdenAppellate Division of the Supreme Court of the State of New York · 1903
- Lattin v. Town of Oyster BayNew York Supreme Court · 1901
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911