Silver v. Cummings
New York Supreme Court
Demurrer to declaration. The declaration states that the defendants were trustees of school district number one, in the town of Oswegatchie, in the county of St. Lawrence, at the commencement of the suit, viz. in August, 1829 ; that on the first Monday of December, 1822, W. Hubbell, C. D. Raymond and J. Shead, were trustees of the said district, and so continued until the 5th May, 1823, when J. Shead, H. Lum and A. Hemmenway were elected, and became trustees of the district,…
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Demurrer to declaration. The declaration states that the defendants were trustees of school district number one, in the town of Oswegatchie, in the county of St. Lawrence, at the commencement of the suit, viz. in August, 1829 ; that on the first Monday of December, 1822, W. Hubbell, C. D. Raymond and J. Shead, were trustees of the said district, and so continued until the 5th May, 1823, when J. Shead, H. Lum and A. Hemmenway were elected, and became trustees of the district, and continued such until the 2d May, 1825; that on the first Monday of December, 1822, at, &c. in consideration that…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The main question presented for consideration is, whether the defendants are liable for the contracts of their predecessors in office, made within the scope of their official authority.
By the decisions of this court and the court for the correction of errors, most of which are referred to in Palmer v. Van*183denburgh, 3 Wendell, 197, it seems to have been settled that overseers of the poor are liable personally, only when they exceed their authority ; they are liable officially upon all contracts made within the scope of their authority while in office, and such…
2Cases cited1 opinion
- Palmer v. VandenberghNew York Supreme Court · 1829
3Cited by11 opinions
- American Fire Alarm Co. v. Board of Police CommissionersSupreme Court of Missouri · 1920
- People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
- Gillis v. SpaceNew York Supreme Court · 1872
- Horton v. GarrisonNew York Supreme Court · 1856
- Gregory v. DodgeCourt for the Trial of Impeachments and Correction of Errors · 1835
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