Augner v. The Mayor of the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Aligner, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th ■day of December, 1896, denying his motion .for judgment in the ■action.
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Appeal by the plaintiff, Max Aligner, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th ■day of December, 1896, denying his motion .for judgment in the ■action. The action was brought to recover from the defendant the sum ■of $61, the proportionate part of a license fee of $200, for the period from June 30, 1896, to October 21,1896, for which a right of action was given to the plaintiff by section 4 of the Liquor Tax Law, being chapter 112 of the Laws of 1896.
1Opinion of the Court
Ingraham, J.:
We have here to determine whether the complaint in this action ■sets forth a cause of action which consists of “ an express or implied ■contract to pay money received or disbursed, or the value of property ■delivered, or of services rendered by, to or for the use of, the defendant or a third person, and thereupon demands judgment for a sum of money only.” (Code Civ. Proc. § 420.) It is difficult to understand' what was meant by the language here quoted. The meaning would be clear if the words “ received or disbursed ” were omitted. Reading the whole section together, however, it…
2Cases cited1 opinion
- The People Ex Rel. Dusenbury v. . SpeirNew York Court of Appeals · 1879
3Cited by6 opinions
- Clay v. Independent School District No. 1 of Tulsa CountySupreme Court of Oklahoma · 1997
- Harrington v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Wellman v. LipkindAppellate Division of the Supreme Court of the State of New York · 1929
- Bushell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1934
- Clay v. Independent School District No. 1 of Tulsa CountySupreme Court of Oklahoma · 1997
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