Chemung Canal Bank v. Supervisors of Chemung County
New York Supreme Court
Motion to set aside report of referees. The plaintiff brought an action of assumpsit against the defendants. The declaration contained the ordinary money counts, and appended to it was a notice that under them a bill of exchange of which the following is a copy would be given in evidence: “ No. 189. To the treasurer of the county of Chemung.
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Motion to set aside report of referees. The plaintiff brought an action of assumpsit against the defendants. The declaration contained the ordinary money counts, and appended to it was a notice that under them a bill of exchange of which the following is a copy would be given in evidence: “ No. 189. To the treasurer of the county of Chemung. Pay to the Chemung Canal Bank, or bearer, twenty-eight hundred and thirty-six dollars ninety cents, one year from date, with interest from the first day of February next, being for the full amount of orders on the late treasurer of the county, taken, up…
1Opinion of the CourtWhittlesey, J.
The board of supervisors of a county acquire their powers by statute. These are specific and limited in their character, and cannot be transcended. In auditing and allowing accounts they cannot admit a claim against the county upon any notions of their own of its equity. (People v. Lawrence, 6 Hill, 244.) The powers given them are “ to examine, settle and allow all accounts chargeable against the county, and to direct the raising of such sums as may be necessary to defray the same.” (1 R. S. 366, 7, § 4, subd. 2.) What are to be deemed county charges is declared 1 R. S. 385, § 3. Among them…
2Cases cited1 opinion
- Barker v. Mechanic Fire InsuranceNew York Supreme Court · 1829
3Cited by24 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- Castle v. . NoyesNew York Court of Appeals · 1856
- Woods v. Board of SupervisorsNew York Court of Appeals · 1893
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