Martin v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 30, 1903, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. As a regular clerk the plaintiff’s relation to the city of Hew York was purely contractual. He was not a public officer.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 30, 1903, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. As a regular clerk the plaintiff’s relation to the city of Hew York was purely contractual. He was not a public officer. (Steinson v. Bd. of Education, 165 N. Y. 431; Graham v. City of New York, 167 N. Y. 85.) The rule that payment to a cle facto officer, while holding the office and…
1Opinion of the CourtVann, J.
For several years prior to the first of October, 1900, the plaintiff was a clerk in the office of the clerk of the board of aldermen of the city of ¡¡Slew York, but on that dáy he was removed and A. Joseph Forges was forthwith appointed in his place. Mr. Forges occupied the position, performed the duties and was paid the salary from the first of October, 1900, until the 24th of January, 1901, when the plaintiff was reinstated by mandamus because he had been removed without “ an ' opportunity to present an explanation in writing.” (People ex rel. Martin v. Scully, 56 App. Div. 302.)
The object…
2Cases cited8 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- Steinson v. . Bd. of Education of N.Y.New York Court of Appeals · 1901
- Terhune v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Higgins v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
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3Cited by15 opinions
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Matter of Barmonde v. KaplanNew York Court of Appeals · 1935
- People ex rel. Sartison v. SchmidtIllinois Supreme Court · 1917
- Jones v. . City of BuffaloNew York Court of Appeals · 1904
- Reiser v. StateNew York Court of Claims · 1950
10 more not listed; retrieve them via the Exa API.