Legal Opinion

Huff v. . Knapp

New York Court of Appeals

Decided July 5, 1851PublishedCited by 7 opinions

Appeal from the general term of the Superior Court of the city of New York, where a judgment had been entered in favor of the defendant, upon a demurrer to the complaint. This was an action against the chamberlain of the city of New York, to recover for the plaintiff’s services as crier of the marine court, from the 8th March 1841 to the 17th January 1845, at the rate of $1.50 per diem.

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Appeal from the general term of the Superior Court of the city of New York, where a judgment had been entered in favor of the defendant, upon a demurrer to the complaint. This was an action against the chamberlain of the city of New York, to recover for the plaintiff’s services as crier of the marine court, from the 8th March 1841 to the 17th January 1845, at the rate of $1.50 per diem. The complaint alleged that the marine court is a court of record; the appointment of the plaintiff to the office of crier, by the justices of that court; that by virtue of his appointment, he had exercised the…

1Opinion of the CourtMcCoun, J.

The complaint is against the defendant as chamberlain of the city of New York, charging neglect and refusal to pay the plaintiff for his services as crier of the marine court, according to a per diem allowance, on presenting to him a certificate of the clerk of that court, showing the plaintiff’s appointment as crier, and the number of days he had attended and performed the service; and it prays judgment and execution against the defendant for the amount.

The objections taken by the demurrer are broad, yet specific enough to present the question, whether the defendant, as such officer of the…

2Cited by7 opinions

  1. People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
  2. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
  3. Moynahan v. . City of New YorkNew York Court of Appeals · 1912
  4. Hendricks v. JohnsonMississippi Supreme Court · 1871
  5. Erhard v. Kings CountyNew York Supreme Court · 1895

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