Peck v. Town of Catskill
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Willard Peck, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Greene on the 10th day of October, 1905, upon the decision of the court, rendered after a trial at the Columbia Special Term, sustaining the defendant’s demurrer to the complaint on the ground' that it does not state facts sufficient to constitute a cause of action.
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Appeal by the plaintiff, Willard Peck, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Greene on the 10th day of October, 1905, upon the decision of the court, rendered after a trial at the Columbia Special Term, sustaining the defendant’s demurrer to the complaint on the ground' that it does not state facts sufficient to constitute a cause of action. The amended complaint, which has been demurred to for insufficiency,' alleges that the defendant is a domestic municipal corporation ; that the town clerk of the…
1Opinion of the Court
Chester, J.:
This complaint presents no cause of action against the town, for the simple reason that the statute provides otherwise, and provides the method of procuring pay for furniture purchased for the use of the town clerk. - • -
The statute under which this safe was purchased is section 85 of the Town Law (Laws of 1890, chap. 569). That section provides; that “ The town clerk of any to'wn may, with the' consent of the town board of his town, purchase or furnish for the town clerk’s office all necessary bound blank books for the entering and keeping of the records of his town, and also…
2Cases cited1 opinion
- Bragg v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911
- Gaffey v. Town of NewfieldAppellate Division of the Supreme Court of the State of New York · 1914