Trustees of Village of Bath v. McBride
New York Court of Appeals
Appeal from a judgment, entered August 22, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature, of the action and the facts, so far as material, are stated in the opinion. The bond in question is in exact conformity with the requirements of the village charter.
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Appeal from a judgment, entered August 22, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature, of the action and the facts, so far as material, are stated in the opinion. The bond in question is in exact conformity with the requirements of the village charter. (L. 1895, ch. 789, § 11; Board of Supervisors v. Otis, 62 N. Y, 88; York v. Goldman, 125 N. Y. 395; Board of Education v.…
1Opinion of the CourtAndrews, J.
We must reverse the judgment pf the Appellate Division and reinstate that of the trial court upon the authority of Trustees, Vil. of Bath v. McBride (219 N. Y. 92), unless the record contains such exceptions as would require a new trial or unless the action of the court below may be affirmed upon some theory not adopted by it.
We have discovered no exceptions that need discussion and none have been called to our attention. We turn, therefore, to the substantial question involved in this appeal.
The plaintiff is a municipal corporation. On March 6, 1912, the defendant McBride became its…
2Cases cited2 opinions
- Board of Supervisors v. EhlersWisconsin Supreme Court · 1878
- Village of Bath v. . McBrideNew York Court of Appeals · 1916
3Cited by3 opinions
- City of Chicago v. Southern Surety Co.Appellate Court of Illinois · 1926
- Road Dist. No. 1 of Parish v. Fidelity & Deposit Co.Supreme Court of Louisiana · 1940
- Holland v. American Surety Company of New YorkSupreme Court of Florida · 1942