Hobbs v. . the City of Yonkers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1884, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 32 Hun, 454.) • This action was brought to recover a balance alleged to be due plaintiff for his fees as city treasurer of the city of Yonkers. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1884, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 32 Hun, 454.) • This action was brought to recover a balance alleged to be due plaintiff for his fees as city treasurer of the city of Yonkers. The material facts are stated in the opinion. The plaintiff was a public officer; his compensation was fixed b.y statute and attached to his office, and having faithfully performed his…
1Opinion of the CourtMiller, J.
On the 15th of June, 1877, the common council of the city of Yonkers passed a resolution consenting to and advising the appointment of the plaintiff as treasurer of said city. At the suggestion of some of the members of the common council, one of their number presented to the plaintiff a paper stating, in substance, that if the plaintiff was confirmed as treasurer he agreed to pay into the city treasury all fees and percentages received by him as such treasurer, in excess of $2,000 per annum. The plaintiff signed the paper, which was returned to the common council and ordered to be placed on…
2Cases cited1 opinion
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
3Cited by18 opinions
- Be Boest v. GambellOregon Supreme Court · 1899
- Grant v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1903
- Taylor v. PhiladelphiaSuperior Court of Pennsylvania · 1936
- Steele v. City of ChattanoogaCourt of Appeals of Tennessee · 1935
- Bishop v. City of OmahaNebraska Supreme Court · 1936
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