Trustees of East Hampton v. Bowman
New York Supreme Court
Appeal from circuit court, Suffolk county. Action by the trustees of the freeholders and commonalty of the town of East Hampton against John A. Bowman' to cancel a deed of town property made to defendant. ' One Downing, one of the trustees, forged the resolutions authorizing the sale and ratifying the deed.
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Appeal from circuit court, Suffolk county. Action by the trustees of the freeholders and commonalty of the town of East Hampton against John A. Bowman' to cancel a deed of town property made to defendant. ' One Downing, one of the trustees, forged the resolutions authorizing the sale and ratifying the deed. There was a judgment •for plaintiffs, and defendant appeals. ■ The opinion of Barnard, P. J„ at circuit, is as follows: “This case is not -a plain one; there is no doubt but that the record was forged. The words in•teriined, giving the committee authority to sell, were not in the…
1Opinion of the CourtPratt, J.
We concur in the opinion of the learned trial judge. The town, never authorized the conveyance of the lands in question. The minutes; which on their face appear to attest such authority, were, in that respect, forged. The grantee doubtless dealt with the faithless representative of the town, and paid his consideration money in good faith. It could scarcely be-decreed otherwise. So far, then, the case is clear. A person standing in an official position towards a town, having no authority save that derived by resolution of the town officials, simply cheats a man into paying money over-to him by…
2Cases cited1 opinion
- Bowker Fertilizer Co. v. . CoxNew York Court of Appeals · 1887
3Cited by1 opinion
- In re the Rochester, Hornellsville & Lackawanna RailroadNew York Supreme Court · 1889