Fitch v. . Mayor, Etc., of the City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, entered upon an order made March 7, 1881, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought originally by Augustus B. Fitch; upon his decease the present plaintiff was substituted.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, entered upon an order made March 7, 1881, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought originally by Augustus B. Fitch; upon his decease the present plaintiff was substituted. The complaint alleged in substance that plaintiff was on Movember 11, 1873, appointed “ record clerk of the board of police justices of the city of Mew York; ” that the salary attached to the office for the year 1874…
1Opinion of the CourtDanforth, J.
In Brennan v. The Mayor (62 N. Y. 365), the pay-rolls were introduced by the defendant, and so open to the objection that they were not evidence against the plaintiff, but in the case before us they were put in by. the plaintiff, and the defendant‘became entitled to the benefit of such facts as they contained. They had an important bearing upon the issue, and cannot be disregarded.
As the case stood before the trial court, it was its duty to dismiss the complaint, for the alleged cause of action had not been made out. It is not necessary to restate the grounds of this conclusion, for in regard…
2Cases cited1 opinion
- Brennan v. . MayorNew York Court of Appeals · 1875
3Cited by2 opinions
- Scott v. SpencerNebraska Supreme Court · 1895
- Peterson v. Lincoln CountyNebraska Supreme Court · 1912