In re the Application of Slack

The contracts between the respondents individually and the municipality of which they were officers were illegal and unenforcible under the common law (Smith v. City of Albany, 61 N. Y. 444) and statutes (Village Law, § § 332,333 ). A village trustee acting in his official capacity, should not contract with himself as an individual. The duties and interests of vendor and vendee, employer and employee, are incompatible. The dual obligations should not be attempted by one individual. The acts of the respondents were misdemeanors (Penal Law, § 1868), but did not per se under the statute work a…