In re Tobin
Appellate Division of the Supreme Court of the State of New York
• Appeal by the relator, Margaret Tobin, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of January, 1901, denying her application for a peremptory writ of mandamus directed to John J. Scannell, as fire commissioner of the city of New York and as trustee of the New York fire department pension fund, commanding him to pay the relator the sum of $1,350 and to place her name…
Read the full summary
• Appeal by the relator, Margaret Tobin, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of January, 1901, denying her application for a peremptory writ of mandamus directed to John J. Scannell, as fire commissioner of the city of New York and as trustee of the New York fire department pension fund, commanding him to pay the relator the sum of $1,350 and to place her name among those entitled to pensions and to pay her the sum of $300 per year thereafter.
1Opinion of the Court
Hirschberg, J.:
' John J. Tobin, the husband of the appellant, was a fireman in the fire department of Brooklyn for more than ten consecutive years prior to November 30, 1895, when he was retired upon a pension. He died on April 6, 1896. By the provisions of sections 14 and 15, title 13 of the charter of Brooklyn (Laws of 1.888, chap. 583, as amd. by Laws of 1889, chap. 153) two funds were created, one a. “ Firemen’s Insurance Fund,” made up of fines, rewards, fees, donations and the percentage or tax on foreign fire insurance companies-. Tobin received his pension from this fund. The other…
2Cases cited2 opinions
- In re TobinAppellate Division of the Supreme Court of the State of New York · 1900
- Matter of TobinNew York Court of Appeals · 1900
3Cited by1 opinion
- Gilshion v. WalshNew York Supreme Court · 1944