Morgan v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 1, 1906, affirming a judgment in favor of defendant entered upon a verdict directed bv the court. The nature of the action and the facts, so far as material, are stated in the opinion. A notary or commissioner of deeds is entitled to compensation for services as such from a municipality while holding another office under such municipality.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 1, 1906, affirming a judgment in favor of defendant entered upon a verdict directed bv the court. The nature of the action and the facts, so far as material, are stated in the opinion. A notary or commissioner of deeds is entitled to compensation for services as such from a municipality while holding another office under such municipality. (Merzbach v. Mayor, etc., 163 N. Y. 16.) The testimony shows an implied waiver of Morgan’s right to charge for fees, inasmuch as the…
1Opinion of the CourtHaight, J.
This action was brought to recover compensation as commissioner of deeds for administering an oath and certifying the same to 27,500 affidavits made by various messengers in the bureau of buildings in the city of New York. The plaintiff was a messenger in that department of the city government, serving under a salary and he also held the position of commissioner of deeds of the city, authorized to administer oaths and take acknowledgments. He testified that these affidavits were sworn to before him before office hours and claims that they were no part of his services as a messenger.
In the…
2Cases cited4 opinions
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
- McCabe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Benjamin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- McCabe v. . City of New YorkNew York Court of Appeals · 1903
3Cited by4 opinions
- Morgan v. StateIndiana Supreme Court · 1921
- Bookman v. . City of New YorkNew York Court of Appeals · 1910
- Morgan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Morgan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910