Legal Opinion

Haswell v. . Mayor, Etc., of City of New York

New York Court of Appeals

Decided June 1, 1880PublishedCited by 16 opinions

Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, in favor of the defendant, entered upon an order denying a motion for a new trial, and directing judgment on a nonsuit. This action was brought for services alleged to have been rendered by plaintiff, as engineer for and at the request of the commissioners of the health department of the city of New York.

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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 New York, in favor of the defendant, entered upon an order denying a motion for a new trial, and directing judgment on a nonsuit. This action was brought for services alleged to have been rendered by plaintiff, as engineer for and at the request of the commissioners of the health department of the city of New York. Prior to the 1st day of June, 1871, the plaintiff had been engineer to the board of health, at a salary of $4,000 a year. On the 24th of May, 1871, the board adopted a…

1Opinion of the CourtMiller, J.

The resolution of the board, of health, which declared that the office then filled by the plaintiff should be honorary, and that no salary should be attached thereto, or paid thereafter, was evidently designed to abolish the salary and all compensation for services which should be rendered at any future time. Mo salary or pay whatever was to be attached to the same, and the word “ honorary ” evidently means without profit, fee or reward, and in consideration of the honoi conferred by holding a position of 'responsibility and trust. If a recompense was to be received or a payment made, either…

2Cases cited2 opinions

  1. Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
  2. Palmer v. MayorThe Superior Court of New York City · 1849

3Cited by16 opinions

  1. People v. . Journal Co.New York Court of Appeals · 1914
  2. Gibbs v. ManchesterSupreme Court of New Hampshire · 1905
  3. Goldstein v. BerryAppellate Division of the Supreme Court of the State of New York · 1931
  4. In re CostelloNew York Supreme Court · 1951
  5. Beresford v. DonaldsonNew York Supreme Court · 1907

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