Legal Opinion

Starin v. . Mayor, Etc., of N.Y.

New York Court of Appeals

Decided June 7, 1887PublishedCited by 13 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 10, 1882, which reversed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.

1Opinion of the CourtPeckham, J.

The plaintiff sues as assignee of one who was appointed by the excise commissioners of Hew York their attorney to prosecute actions for violations of the excise laws in their county.

He was appointed such attorney in 1858, but only actively commenced his work in 1859, and from then until 1863 his whole time, he says, was taken up in this business, but more actively at the commencement of the season when the board would meet. From 1863, his services were so slight that he did not keep a book and it was not worth making even a memorandum of the amount of costs collected by him. His active work…

2Cases cited3 opinions

  1. Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
  2. People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
  3. Scott v. ElmendorfNew York Supreme Court · 1815

3Cited by13 opinions

  1. Matter of TillmanNew York Court of Appeals · 1932
  2. Matter of HowellNew York Court of Appeals · 1915
  3. Robert L. Wheeler, Inc. v. ScottSupreme Court of Oklahoma · 1989
  4. Barry v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
  5. McIlvaine v. SteinsonAppellate Division of the Supreme Court of the State of New York · 1904

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