Gardner v. Board of Health
New York Court of Appeals
Appeal from the superior court of the city of New-York. Action against the Board of Health of the city of New-York co nomine for services rendered by the plaintiff as a physician during the prevalence of the cholera in the summer of 1849. The trial was before a referee, who found that the Board of Health of the city of New-York was composed [by virtue of an ordinance passed by common council ] of the persons holding the offices of mayor, aldermen and assistant aldermen of…
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Appeal from the superior court of the city of New-York. Action against the Board of Health of the city of New-York co nomine for services rendered by the plaintiff as a physician during the prevalence of the cholera in the summer of 1849. The trial was before a referee, who found that the Board of Health of the city of New-York was composed [by virtue of an ordinance passed by common council ] of the persons holding the offices of mayor, aldermen and assistant aldermen of the said city, and was a distinct and separate body from the mayor, aldermen and commonalty of the said city and from the…
1Opinion of the Court
The judgment was affirmed upon the ground stated in the court below by the late Chief Justice Oakley, as follows:
By the court, Oakley, Ch. J. This action is brought against the Board of Health eo nomine, treating them as a corporate body. The first question which arises is, is this board such a corporation. A very extended argument was gone into on both sides, as to the character, power and duties of the board. It is an old institution, but it received a separate and distinct organization by the Revised Statutes of 1830. Under this the common council had the power of appointing the members of…
2Cited by4 opinions
- Wohlfahrt v. . BeckertNew York Court of Appeals · 1883
- Horst v. WalterNew York Supreme Court · 1907
- Van Norden v. RobinsonNew York Supreme Court · 1887
- Wohlfahrt v. BeckertNew York Supreme Court · 1882