Legal Opinion

Mayor, Etc., of N.Y. v. . Sands

New York Court of Appeals

Decided April 19, 1887PublishedCited by 38 opinions

Appeal from judgmen of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 5, 1887, which affirmed- a judgment in favor of plaintiff entered upon a verdict directed by the court and which affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.

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Appeal from judgmen of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 5, 1887, which affirmed- a judgment in favor of plaintiff entered upon a verdict directed by the court and which affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The defendant was not an officer of the county of New York and had the same right to deal with it as any private citizen. (People v. Raymond, 37 N. Y. 428, 429, 431; People v. Dunlap. 66 id. 162, 166.) The defendant then being a…

1Opinion of the Court

Ruger, Ch. J.

This action was commenced about the jear 1873, in the name of the board of supervisors of the county of New York, to recover from the defendant the value of a certain check, belonging to the county, alleged to have been misappropriated by the comptroller of New York, and delivered to the defendant. It was further alleged in the complaint that one Connolly was comptroller, and the defendant commissioner of taxes for said city, and that Connolly having received the check in question for the use and benefit of the county, willfully and corruptly, and with intent to cheat and defraud…

2Cases cited2 opinions

  1. Stief v. . HartNew York Court of Appeals · 1847
  2. People v. HicksNew York Supreme Court · 1853

3Cited by38 opinions

  1. United States v. KellyCourt of Appeals for the Second Circuit · 1932
  2. Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
  3. State Ex Rel. Rourke v. BarbieriSupreme Court of Connecticut · 1952
  4. City of Wilburton v. KingSupreme Court of Oklahoma · 1933
  5. Armstrong v. . Village of Ft. EdwardNew York Court of Appeals · 1899

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