Malloy v. Board of Health
New York Supreme Court
Appeal by tbe plaintiffs, Frank W. Malloy and William Y. Malloy, from a judgment entered in the office of the clerk of Westchester county on the 4th day of April, 1891, in favor of the defendant, for costs, after a trial at the Westchester Circuit before the court and a jury. The defendant accepted the plaintiffs’ bid to build a sewer in the town of Mamaroneck for $445, which sewer was to drain certain cellars which had been declared by defendant to be a nuisance.
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Appeal by tbe plaintiffs, Frank W. Malloy and William Y. Malloy, from a judgment entered in the office of the clerk of Westchester county on the 4th day of April, 1891, in favor of the defendant, for costs, after a trial at the Westchester Circuit before the court and a jury. The defendant accepted the plaintiffs’ bid to build a sewer in the town of Mamaroneck for $445, which sewer was to drain certain cellars which had been declared by defendant to be a nuisance. This action was brought to recover the amount of said bid, less certain payments which had been made thereon.
1Opinion of the Court
Barnard, P. J.:
The plaintiffs performed work under a contract with the defendant. The expense was a town charge. (Laws of 1885, chap. 270.) The Board of Health has no place as a defendant. It is a town agency only. The claim must be presented to the town auditors for audit. (Myers v. Barnes, 114 N. Y., 324; People ex rel. Board of Health, etc., v. Board of Supervisors of Monroe County, 18 Barb., 567; Bell v. Town of Esopus, 49 id., 506.)
The judgment should, therefore, be affirmed, with costs.
Pratt, J., concurred; Dticman, J., not sitting.
Judgment affirmed, with costs.
2Cases cited1 opinion
- People ex rel. Board of Health v. Board of SupervisorsNew York Supreme Court · 1854