Dos Passos v. City of New York
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment of the Municipal Court of the city of Hew York, tenth district, borough of Manhattan, which directed the dismissal of the complaint.
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Appeal by the plaintiffs from a judgment of the Municipal Court of the city of Hew York, tenth district, borough of Manhattan, which directed the dismissal of the complaint. Action by the assignees of the sheriff of the city and county of Hew York, to recover the reasonable costs and disbursements incurred by him on appeal, in an unsuccessful effort on his part to collect poundage fees alleged to have accrued upon the levy of an attachment against property, for payment into the treasury of the city of Hew York, as directed by law.
1Opinion of the CourtBischoff, J.
It is to be noted that the claim in suit does not involve any demand for services alleged to have *395been performed by the plaintiffs’ assignor but is strictly for reimbursement of his reasonable expenses alleged to have been incurred in his efforts to collect certain fees of his office as sheriff of the county of Pew York, under an imposed statutory duty to collect the same and to pay such fees into the city treasury. The trial proceeded upon an agreed state of facts which are as follows.
In November, 1902, there was delivered to the plaintiffs’ assignor, William J. O’Brien, then sheriff of the…
2Cases cited3 opinions
- Plummer v. International Power Co.Appellate Division of the Supreme Court of the State of New York · 1903
- In re VacheronAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Wood v. DentonAppellate Division of the Supreme Court of the State of New York · 1899