Mayor of Hoboken v. Bailey
Supreme Court of New Jersey
On error to the Supreme Court. This action was brought in the name of Bailey, by James T. Hatlield, who claims, as the equitable assignee of Bailey, to recover a bounty of $350 from the city, for the enlistment, by Bailey, in the army of the United States. The county of Hudson had offered a bounty of $400 for volunteers, who were duly credited to localities within the county.
Read the full summary
On error to the Supreme Court. This action was brought in the name of Bailey, by James T. Hatlield, who claims, as the equitable assignee of Bailey, to recover a bounty of $350 from the city, for the enlistment, by Bailey, in the army of the United States. The county of Hudson had offered a bounty of $400 for volunteers, who were duly credited to localities within the county. Hatfield, as one of the board of chosen freeholders, was acting for the county in procuring volunteers. The claim against the city was based on the following resolution, adopted by the common council on the 18th of…
1Opinion of the Court
The opinion of the court was delivered by'
Depue, J.
The action is for the recovery of the bounty of $350, under the resolution above set out. The judge charged the jury, pro forma, to find a verdict for the plaintiff, for the amount of the scrip, with interest from the time it was demanded by Hatfield, without leaving any question of fact for their determination. To sustain an exception to this charge,, the plaintiffs in error assign, among other reasons, as a ground of reversal, that there was no evidence of any contract by the city to pay the plaintiff' the bounty, or of any consideration to…
2Cases cited5 opinions
- Fitch v. . SnedakerNew York Court of Appeals · 1868
- President of City Bank v. BangsNew York Court of Chancery · 1833
- Frey v. City of Fond du LacWisconsin Supreme Court · 1869
- State ex rel. Dockstader v. BrownWisconsin Supreme Court · 1866
- Larimer v. Board of SupervisorsIllinois Supreme Court · 1868
3Cited by1 opinion
- Shelton v. Restaurant.com, Inc.Supreme Court of New Jersey · 2013