Smith v. . the Mayor, Etc., of New York
New York Court of Appeals
This is an appeal from an order made by the General Term of the Court of Common Pleas for the city and county of Hew York, reversing a judgment, entered upon the report of a referee, in favor of the Appellant, and against the Respondents, for $1,505.60, and ordering a new trial, with costs to abide the event.
Read the full summary
This is an appeal from an order made by the General Term of the Court of Common Pleas for the city and county of Hew York, reversing a judgment, entered upon the report of a referee, in favor of the Appellant, and against the Respondents, for $1,505.60, and ordering a new trial, with costs to abide the event. One John J. Roof was appointed a Deputy Collector of Assessments, on the 1st day of July, 1857, by Charles Devlin, then Street Commissioner of the city of Hew York, and duly qualified as such. He was removed from office on the 29th day of April, 1858, by Edward Cooper, then Street…
1Opinion of the Court
Hunt, Ch.J.
The substance of the Plaintiff’s allegations' is this: that Eoof was appointed to the office of Deputy Collector of Assessments in the city of Yew York, in July, 1857, and con- tinned to hold such office for about nine months; that he was ready and willing to perform its duties, but the Defendants would not permit him; that another person performed them and received the fees ; that if he had performed these duties he would have received fees to an amount set forth; and upon these facts he alleges that the Defendants are indebted to him in the amount he would so have earned, and…
2Cases cited4 opinions
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- People ex rel. Lynch v. Mayor of New-YorkNew York Supreme Court · 1841
- Baker v. . City of UticaNew York Court of Appeals · 1859
- Devoy v. Mayor of New YorkNew York Supreme Court · 1863
3Cited by58 opinions
- Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Commissioners of Saline Co. v. AndersonSupreme Court of Kansas · 1878
53 more not listed; retrieve them via the Exa API.