Smith v. . Board of Education
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 8, 1912, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 8, 1912, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. If this action were against the city of New York instead of against the board of education of the city of New York, which is one of the administrative departments of the city government (Charter, § 108), there would be no question but that plaintiff would only be entitled to…
1Opinion of the CourtHiscock, J.
In 1903 the hoard of aldermen of the city of Hew York adopted a resolution fixing the salary of the position of architectural draftsman in the department of education in said city at thirty-five dollars a week. In June, 1906, respondent was appointed to. such a position in said department, and continued to discharge the duties thereof until December 20, 1909. His salary became payable at the end of each month, but he only collected the same at the rate of thirty dollars a week, so far as' appears making no claim for compensasation in excess of said sum until April 18, 1911, when he filed a…
2Cases cited5 opinions
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Taylor v. Mayor of New YorkNew York Court of Appeals · 1876
- O'Keeffe v. . City of New YorkNew York Court of Appeals · 1903
- Paul v. Mayor of New YorkNew York Court of Common Pleas · 1877
- Stoddart v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by21 opinions
- Rapid Transit Subway Construction Co. v. City of New YorkNew York Court of Appeals · 1932
- Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
- Brooklyn Public Library v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1928
- Pitt v. . Board of EducationNew York Court of Appeals · 1915
- Parker v. StateNew York Court of Claims · 1945
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