Legal Opinion

Annis v. McNulty

New York Supreme Court

Decided June 15, 1906PublishedCited by 4 opinions

Taxpayer’s action to recover, in behalf of the town of Saratoga Springs, moneys of the town alleged to- have been wasted and misappropriated by the defendants as town officers.

1Opinion of the CourtSpencer, J.

This is a taxpayer’s action brought pursuant to chapter 673, Laws of 1887, as amended by chapter 301, Laws of 1892, to recover for the benefit of the town of Sara-toga Springs certain moneys paid by the defendant McNulty, as supervisor, to the defendant Gummings.

The defendant Gummings was town clerk. On the 17th day of May, 1902, he presented to the defendant McNulty a bill for $150 for services in “ examining, correcting and approving accounts against overseer of the poor, May, 1901, to May, 1902.” This bill was on the same day paid by the defendant McNulty, as supervisor, out of the excise…

2Cases cited17 opinions

  1. Talcott v. . City of BuffaloNew York Court of Appeals · 1891
  2. Osterhoudt v. . RigneyNew York Court of Appeals · 1885
  3. Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
  4. Board of Supervisors v. . EllisNew York Court of Appeals · 1875
  5. Tillinghast v. . MerrillNew York Court of Appeals · 1896

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3Cited by4 opinions

  1. Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1915
  2. Brenner v. City of New YorkNew York Court of Appeals · 1961
  3. School District v. City of LansingMichigan Supreme Court · 1932
  4. Hicks v. CocksAppellate Division of the Supreme Court of the State of New York · 1915

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