Mayor, Etc., of City of N.Y. v. . Kelly
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made November 5, 1884, which affirmed a judgment in favor of defendant Kelly, entered upon an order dismissing the complaint on trial. This action was a bond given by William W. Burnham upon his appointment as book-keeper in the department of docks in the city of New York. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made November 5, 1884, which affirmed a judgment in favor of defendant Kelly, entered upon an order dismissing the complaint on trial. This action was a bond given by William W. Burnham upon his appointment as book-keeper in the department of docks in the city of New York. The facts, so far as material, are stated in the opinion. The performance of the duty of receiving money by the book-keeper, by the direction or permission of the dock commissioners, was…
1Opinion of the CourtFinch, J.
The sureties who defend, resist the action brought upon their bond, with proof which they claim establishes that their principal, in addition to the duties of book-keeper, was required to perform, and did continuously perform, the duties of treasurer of the department of docks; so that, besides keeping the accounts, which was his specific duty, he was intrusted with the public money, and exposed to risks and temptations not contemplated by his bondsmen. The defense founded upon this fact assumed two forms, expressed in the separate grounds upon which a motion, for the dismissal of the…
2Cases cited3 opinions
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- Rochester City Bank v. . ElwoodNew York Court of Appeals · 1860
- Ward v. . StahlNew York Court of Appeals · 1880
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- Farmers' & Merchants' State Bank v. United States Fidelity & Guaranty Co.South Dakota Supreme Court · 1911
- Amer. Telegraph Co. v. LennigSupreme Court of Pennsylvania · 1891
- Socialistic Co-operative Pub. Ass'n v. HoffmannNew York Court of Common Pleas · 1895
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