Mayor, Etc., of N.Y. v. . Goldman
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, entered upon an order made Movemker 9,1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
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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 Mew York, entered upon an order made Movemker 9,1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon an official bond given by Edward D. Gale on his appointment as attorney for the collection of arrears of personal taxes in the city of Mew York Under the act, chapter 334, Laws of 1867. The material portion of said bond is as follows: “ Whereas the above bounden Edward D. Gale has been appointed attorney for the collection…
1Opinion of the CourtFinch, J.
The defendant was sued as surety upon the official bond of Edward D. Gale, as attorney for the collection of arrears of personal taxes, and judgment has been rendered against him whicli he aslcs us to say is erroneous.
His first allegation of error is that the breach complained of is founded upon a condition which the bond does not contain. but which the statute expressly declares it ought to contain. The statute authorizes the appointment of an attorney for the collection of arrears of personal taxes, and requires the appointee to give a bond to the city “ conditioned for the faithful…
2Cases cited2 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- Corning v. . WalkerNew York Court of Appeals · 1885
3Cited by7 opinions
- City of New York v. . MatthewsNew York Court of Appeals · 1904
- Hotopp v. . HuberNew York Court of Appeals · 1899
- Grady v. United StatesCourt of Appeals for the Eighth Circuit · 1899
- Hotopp v. HuberNew York Supreme Court · 1896
- Rothwell v. KnightWyoming Supreme Court · 1927
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