Fisher v. . City of Mechanicville
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 1, 1916, reversing a judgment in favor of plaintiff entered upon a decision of the Saratoga County Court at a Trial Term, a jury having been waived, and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 1, 1916, reversing a judgment in favor of plaintiff entered upon a decision of the Saratoga County Court at a Trial Term, a jury having been waived, and granting a new trial. The complaint alleged that on or about the 16th day of March, 1915, the village of Mechanicville entered into a contract with the plaintiff wherein and whereby the plaintiff agreed to render legal services to said corporation for the period of one year from that date, and for which services so to be rendered…
1Opinion of the CourtCuddeback, J.
On March 16, 1915, the plaintiff, Fisher, was duly appointed village attorney by the board of trustees of the village of Mechanicville.
On June 29, 1915, the defendant, the city of Mechanic-ville, was incorporated with the same boundaries and inhabitants as the village of Mechanicville which it thus supplanted. (L. 1915, ch. 170.)
On the incorporation of the city, the plaintiff was discharged as village attorney on the theory that he held a public office in the village which terminated on the organization of the city.
The act incorporating the village of Mechanicville (L. 1891, ch. 106, as…
2Cases cited3 opinions
- Richmond Co. Gas-Light Co. v. . MiddletownNew York Court of Appeals · 1874
- Higgins v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
- Quintard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by18 opinions
- Greenberg v. Jerome H. Remick & Co.New York Court of Appeals · 1920
- State Ex Rel., Pickett v. TrumanSupreme Court of Missouri · 1933
- Kingston Associates, Inc. v. LaGuardiaNew York Supreme Court · 1935
- Thompson v. HofstatterNew York Court of Appeals · 1934
- Chapman Ex Rel. Chapman v. GerardDistrict Court, Virgin Islands · 1970
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