Town of Chautauqua v. Gifford
New York Supreme Court
Motion for a new trial, founded upon exceptions taken to the decisions and rulings of the court upon a trial by jury,-directed to be heard in the first instance at the General Term. In the year 1873 William Gifford, as collector of the town of Chautauqua, collected and deposited with the defendants, who were bankers, the sum of $3,500, which had been raised to pay the interest to become due on its bonds in August following.
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Motion for a new trial, founded upon exceptions taken to the decisions and rulings of the court upon a trial by jury,-directed to be heard in the first instance at the General Term. In the year 1873 William Gifford, as collector of the town of Chautauqua, collected and deposited with the defendants, who were bankers, the sum of $3,500, which had been raised to pay the interest to become due on its bonds in August following. The defendants received the money with full knowledge that the same was the money of said town raised by tax to pay the interest on its bonds, to become due and payable…
1Opinion of the Court
Taloott, J.:
This comes to this court on exception’s taken at the Chautauqua Circuit and directed to be heard at the General Term in the first instance. The action was brought to enforce a supposed liability of the defendants, who are bankers, for certain moneys claimed to have been received by the supervisor of the town from the collector of taxes belonging to the town and deposited' or left with the defendants in 1873.
The main question in the case is, whether the action can be maintained in the name of the town as plaintiff, or must be brought by the present supervisor. It was held in…
2Cases cited3 opinions
- Hathaway v. . Town of HomerNew York Court of Appeals · 1873
- Town of Guilford v. . CooleyNew York Court of Appeals · 1874
- Hathaway v. Town of HomerNew York Supreme Court · 1871