Keeler v. Frost & Worden
New York Supreme Court
APPEAL from the judgment of a county court, reversing the judgment of a justice. The assessment of a school tax was made by two trustees, the third trustee not being present. After the two had made the assessment, and made out the warrant and signed it, the- warrant was carried by one of them to the third trustee, and he signed it. The plaintiff’s property being seized and sold upon the warrant thus issued, he brought an action against two of the trustees for the trespass.
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APPEAL from the judgment of a county court, reversing the judgment of a justice. The assessment of a school tax was made by two trustees, the third trustee not being present. After the two had made the assessment, and made out the warrant and signed it, the- warrant was carried by one of them to the third trustee, and he signed it. The plaintiff’s property being seized and sold upon the warrant thus issued, he brought an action against two of the trustees for the trespass. He recovered a judgment before the justice, which was reversed on appeal to the county court.
1Opinion of the Court
By the Court, Mason, J.
The county court erred in holding this a valid assessment. It was made by two of the trustees, the third not meeting with them and not being notified. The statute requires the trustees to apportion the tax. (Laws of 1847, ch. 480, p. 701, § 85.) The common law doctrine is, that when a power, authority or duty is confided by law to three or more persons, or whenever three or more persons or .officers are authorized or required by law to perform any act, such act may be done, and such power, authority or duty may • be exercised and performed, by a majority of such persons…
2Cases cited7 opinions
- Green v. MillerNew York Supreme Court · 1810
- Crocker v. CraneNew York Supreme Court · 1839
- McCoy v. CurticeNew York Supreme Court · 1832
- Doughty v. HopeNew York Supreme Court · 1846
- Yates v. RussellCourt for the Trial of Impeachments and Correction of Errors · 1820
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1879
- People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
- Kavanaugh v. City of WausauWisconsin Supreme Court · 1904
- Aikman v. School District No. 16Supreme Court of Kansas · 1882
9 more not listed; retrieve them via the Exa API.