Northrup v. Town of Pittsfield
New York Supreme Court
This action was brought to recover the sum of $610, and’ interest from February 19, 1864, for an alleged indebtedness which, it was claimed, arose under the following facts: Under the call of the president of the United States, in the year 1863, for volunteers to serve as soldiers, on the 2d day of January, 1864, a special town meeting of the voters and citizens of the town of Pittsfield, in the county of Otsego, was convened, at which, by resolution, it was voted that the…
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This action was brought to recover the sum of $610, and’ interest from February 19, 1864, for an alleged indebtedness which, it was claimed, arose under the following facts: Under the call of the president of the United States, in the year 1863, for volunteers to serve as soldiers, on the 2d day of January, 1864, a special town meeting of the voters and citizens of the town of Pittsfield, in the county of Otsego, was convened, at which, by resolution, it was voted that the sum of $610 should be paid to any and every person who should thereafter volunteer as a soldier in the army of the United…
1Opinion of the CourtMiller, P. J.
The first question which arises upon the- facts presented in this case is, whether this action can be maintained against the defendant. It is claimed that the remedy is by mandamus, if any exist at all, in favor of the plaintiff, against the board of town auditors, and.not by action against the town in its corporate capacity.
The right of the plaintiff to the amount claimed must depend somewhat upon the construction to be given to the first section of chapter 8, Laws of 1804. By this statute, it is provided that, in cases where a public meeting of the citizens of any town in this State, or the…
2Cases cited6 opinions
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- People Ex Rel. Perkins v. HawkinsNew York Court of Appeals · 1871
- Brown v. Town of CantonNew York Supreme Court · 1871
- People ex rel. Lowell v. Board of Town AuditorsNew York Supreme Court · 1868
- Supervisor & Overseers of the Poor v. Supervisor & Overseers of the PoorNew York Supreme Court · 1824
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