Legal Opinion

Todd v. Birdsall

New York Supreme Court

Decided August 15, 1823PublishedCited by 9 opinions

On certiorari to a Justice’s Court. In the Court below, ; Birdsall declared against Todd and McCord, that he sold divers goods to Sarah Griffin, who kept a pauper of the town of Cortlandt, at the request of Jeremiah Pugsley, one of the Overseers of said town; and also for money paid to the said ^ara^1 Griffin, at the request of Pugsley, for the support of the pauper, $14. Plea, the general issue.

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On certiorari to a Justice’s Court. In the Court below, ; Birdsall declared against Todd and McCord, that he sold divers goods to Sarah Griffin, who kept a pauper of the town of Cortlandt, at the request of Jeremiah Pugsley, one of the Overseers of said town; and also for money paid to the said ^ara^1 Griffin, at the request of Pugsley, for the support of the pauper, $14. Plea, the general issue. P was admitted, that Pugsley was one of the Overseers of the Poor in i 819 and 1820, and the defendants in 1822. The plaintiff produced an order, dated January 24, 1820, brawn by Pugsley, as…

1Opinion of the Court

Curia.

Overseers of the Poor are not a corporation, according to the technical meaning of the term. In the case' of fhe Overseers of Pittstown vs. the Overseers of Plattsburgh, (18 John, 418,) they are considered as the publick agents anb trustees of the town, in respect to their poor, and possess, necessarily, without express authority from the legislature, a capacity to sue, commensurate with their publick trusts and duties. In Johnson v. Hartwell, (8 John. 424) this Court v held, that the Supervisors oí a county were a corporation f°r special purposes, and with special powers only; that…

2Cases cited6 opinions

  1. TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
  2. Hodgson v. DexterSupreme Court of the United States · 1803
  3. Inhabitants of Brewer v. Inhabitants of New GloucesterMassachusetts Supreme Judicial Court · 1817
  4. King v. ButlerNew York Supreme Court · 1818
  5. Olney v. WickesNew York Supreme Court · 1820

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
  2. Stevens v. Lake George & Muskegon River RailroadMichigan Supreme Court · 1890
  3. Goslant v. Town of CalaisSupreme Court of Vermont · 1916
  4. Williams v. LashSupreme Court of Minnesota · 1863
  5. Haynes v. ButlerSupreme Court of Arkansas · 1875

4 more not listed; retrieve them via the Exa API.

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