Bell v. Town of Esopus
New York Supreme Court
THIS is a motion for a new trial, upon exceptions ordered to be heard in the first instance at general term. The action was tried at the Ulster circuit on the 27th day of of March, 1865, and the plaintiffs were nonsuited.
1Opinion of the Court
By the Court, Ingalls, J.
In my judgment there is an insurmountable obstable in the way of a recovery by the plaintiffs in this action, which is that the action cannot be maintained against the town of Esopus to recover the money in question. Neither the statutes of 1853 or 1854 provide a remedy by action against the town ; and the current of judicial determination in this state has been nearly, if not wholly, unbroken against the maintainance of such an action. It rests upon principle ; for to allow actions of this nature to be prosecuted to recover claims arising upon contract, against towns…
2Cases cited5 opinions
- Brady v. . Supervisors of New-YorkNew York Court of Appeals · 1851
- Brady v. SupervisorsThe Superior Court of New York City · 1849
- People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
- Martin v. . Supervisors of Greene Co.New York Court of Appeals · 1864
- People ex rel. Dubois v. Board of SupervisorsNew York Supreme Court · 1848
3Cited by10 opinions
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
- Brown v. Town of CantonNew York Supreme Court · 1871
- Hathaway v. Town of HomerNew York Supreme Court · 1871
- Molloy v. Board of HealthNew York Supreme Court · 1891
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
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