Carver v. . Creque
New York Court of Appeals
Appeal from" order of the General Term of the Supreme Court in the seventh judicial district, affirming an order setting aside a nonsuit, and granting a new trial. The action was brought to recover damages for the alleged conversion of two bonds of the town of Wolcott, Wayne county. It is reported below (46 Barb., 507). The following facts appeared upon the trial.
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Appeal from" order of the General Term of the Supreme Court in the seventh judicial district, affirming an order setting aside a nonsuit, and granting a new trial. The action was brought to recover damages for the alleged conversion of two bonds of the town of Wolcott, Wayne county. It is reported below (46 Barb., 507). The following facts appeared upon the trial. Defendant presented to the supervisor of the town of ■ Wolcott a duplicate certificate of the proper mustering officer, that McMahon had been mustered into the service of the United States on the 3d of September, 1864, as a soldier,…
1Opinion of the Court
Leonard, C.
It is clear from the evidence that the inhabitants of the town of Wolcott intended to raise the money and pay a bounty of $600 to every soldier who should be enlisted and credited toward its quota, under the call of the government for men to serve in the army. There was no distinction, whether he had been enlisted or should thereafter be enlisted. The only condition was that the enlisted man should be credited on account of the quota assigned to the town under a certain call. McMahon was such a man. The town was legally authorized to grant the bounty. The bounty became thereby his…
2Cases cited1 opinion
- Patrick v. . MetcalfNew York Court of Appeals · 1867
3Cited by14 opinions
- Ætna Insurance v. Mayor of New YorkNew York Court of Appeals · 1897
- Gustafson v. RhinowSupreme Court of Minnesota · 1920
- Bosworth v. WolfeWashington Supreme Court · 1928
- Petrie v. WilliamsNew York Supreme Court · 1893
- Schwartz v. Tribunal de Distrito de Puerto RicoSupreme Court of Puerto Rico · 1952
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