Keuren v. Johnston
New York Supreme Court
Error to the Ulster C. P. Van Keuren, Delamater and Constable, sued Johnston in a justice’s court, and declared as superintendents of the poor of Ulster county, against the defendant, late keeper of the Ulster county poor house, in trover, for taking and converting certain articles of furniture, being property belonging to the county. The defendant pleaded not guilty. The plaintiffs recovered before the justice, and the defendant appealed.
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Error to the Ulster C. P. Van Keuren, Delamater and Constable, sued Johnston in a justice’s court, and declared as superintendents of the poor of Ulster county, against the defendant, late keeper of the Ulster county poor house, in trover, for taking and converting certain articles of furniture, being property belonging to the county. The defendant pleaded not guilty. The plaintiffs recovered before the justice, and the defendant appealed. On the trial in the common pleas, the plaintiffs offered to prove that they were the superintendents of the poor of the county, and that the defendant had…
1Opinion of the Court
By the Court, Beardsley, J.
By the revised statutes, county superintendents of the poor are declared to “be a corporation by the name of the Superintendents of .the Poor of the county for which they shall be appointed.” (1 R. S. 617, § 16.) They possess.the usual powers of a.corporation for public purposes, and many special powers, as may be seen in the section referred to, and other enactments on the subject. Although they may sue in their corporate name, it does not follow that the action must necessarily be brought in that form; and other provisions of,the statute express!y-declare that…
2Cases cited1 opinion
- Agent of the State Prison v. RikemamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
- Alger v. MillerNew York Supreme Court · 1868