City of Albany v. . McNamara
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the third judicial department, entered upon an order made May 11, 1888, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This was a reference under the statute of a claim against the estate of Mary E. Payne, defendant’s testatrix. The nature of the claim, as well as the material facts, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme ■Court in the third judicial department, entered upon an order made May 11, 1888, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This was a reference under the statute of a claim against the estate of Mary E. Payne, defendant’s testatrix. The nature of the claim, as well as the material facts, are stated in the opinion. The presumption of the regularity of official acts does not apply to jurisdictional facts in case of officers of special, limited or statutory jurisdiction. (Taylor’s Ev. § 147;…
1Opinion of the Court
Ruger, Ch. J.
The material question in this case is whether a person receiving aid as a poor sick person from the officers of the poor in a city or county, in the absence of any representations as to his responsibility or physical condition, incurs a. liability to repay the amount expended on his or her behalf by such city or county.
The claim was ’that the plaintiff was entitled to recover of the defendant’s testatrix an amount of money paid by it to the Albany Homoeopathic Hospital for the care and maintenance of such testatrix, as a poor person.
The question arises in proceedings under the…
2Cases cited4 opinions
- United States v. RossSupreme Court of the United States · 1876
- Sheldon v. WrightNew York Supreme Court · 1849
- People ex rel. Smith v. City of BrooklynNew York Supreme Court · 1856
- Wright v. . GarlinghouseNew York Court of Appeals · 1863
3Cited by52 opinions
- Baker v. SterlingNew York Court of Appeals · 1976
- In re the Estate of ColonNew York Surrogate's Court · 1975
- Town of Manchester v. Town of TownshendSupreme Court of Vermont · 1938
- Colonial Motor Coach Corp. v. New York Central RailroadNew York Supreme Court · 1928
- Hoke v. OrtizNew York Court of Appeals · 1994
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