Becker v. Ten Eyck
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the third circuit. The defendant, C. A. Ten Eyck, was sheriff of the county of Albany, during the years 1826, 1827 and 1828, and the complainant was his under sheriff and jailer. The complainant, during the three years, purchased the fuel, lights, provisions and supplies for the jail, hired turnkeys, cooked the food of the prisoners and caused the jail to be cleansed, &c. at his own expense.
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This was an appeal from a decretal order of the vice chancellor of the third circuit. The defendant, C. A. Ten Eyck, was sheriff of the county of Albany, during the years 1826, 1827 and 1828, and the complainant was his under sheriff and jailer. The complainant, during the three years, purchased the fuel, lights, provisions and supplies for the jail, hired turnkeys, cooked the food of the prisoners and caused the jail to be cleansed, &c. at his own expense. The accounts for these expenditures, together with the fees for receiving and discharging prisoners in criminal cases, were made out by…
1Opinion of the Court
The Chancellor.
I can see no legal objection to the principles upon which this decree is based, if the pleadings and the facts in the case can justify the court in arriving at the conclusion that the complainant was acting as a mere agent of the defendant, in discharging the duties of under sheriff and jailer, and in supplying the jail; and that he was to be compensated for his services upon the principle of a quantum meruit merely. By the statute which was in force when this controversy originated, and which does not appear to have been altered in this respect in the recent revision of the…
2Cases cited2 opinions
- Tappan v. BrownNew York Supreme Court · 1832
- Farrar v. BartonMassachusetts Supreme Judicial Court · 1809
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