Emmitt v. . Mayor, Etc., of New York
New York Court of Appeals
Cross-appeals from, judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 4, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover salary alleged to be due the plaintiff as an inspector of masonry on the new aqueduct for the city of Hew York during several periods of suspension.
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Cross-appeals from, judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 4, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover salary alleged to be due the plaintiff as an inspector of masonry on the new aqueduct for the city of Hew York during several periods of suspension. The following facts were proved upon the trial: Under chapter 490 of the Laws of 1883, the aqueduct commissioners, upon the 25th day of April, 1887,…
1Opinion of the CourtGray, J.
I can perceive no distinction in principle between, the main legal question involved in this appeal and that which was passed upon in the case of Gregory v. Mayor, etc. (113 N. Y. 416). The right of the plaintiff to recover for the periods of time during which he was under suspension is not essentially different from the right of the plaintiff which we sustained in the other case. Here the plaintiff was appointed by the aqueduct commission an inspector of masonry and his-employment in that capacity was evidenced by a written certificate of appointment. Neither the term of office, nor the…
2Cases cited2 opinions
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
3Cited by38 opinions
- United States v. WickershamSupreme Court of the United States · 1906
- In re DawsonAppellate Division of the Supreme Court of the State of New York · 1931
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
- Myers v. MayorNew York Supreme Court · 1893
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