Halstead v. . the Mayor, C. of New York
New York Court of Appeals
This was an action brought in the supreme court by David P. Halstead, against the mayor, aldermen and commonalty of the city of New-York, to recover the amount of two drafts drawn by the defendants upon the treasurer of the city, payable to P. A. Cowdrey, Esq. and endorsed to the plaintiff.
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This was an action brought in the supreme court by David P. Halstead, against the mayor, aldermen and commonalty of the city of New-York, to recover the amount of two drafts drawn by the defendants upon the treasurer of the city, payable to P. A. Cowdrey, Esq. and endorsed to the plaintiff. One of the drafts was dated May 10, 1847, for the sum of $2661,27, and on its face purported to be for “ defendant’s cost in the case of R. H. Morris and eight others, former supervisors.” The other was dated May 11,1847, for $300 and purported to be for “ counsel fees,” in the same matter. On the trial…
1Opinion of the CourtPratt, J.
There was no objection in this case to the form of the drafts, and the counsel for the plaintiff waived upon the argument the point which had been raised below in relation to the rights of a bona fide holder of a draft of this character. The simple question is therefore presented for our consideration, whether the common council of the city were authorized to assume the payment of the penalties, with the costs and expenses of the litigation, to which certain supervisors of the city and county of New-York had been subjected for an alledged neglect of official duty.
Chancellor Kent, in his…
2Cases cited1 opinion
- Hodges v. City of BuffaloNew York Supreme Court · 1846
3Cited by22 opinions
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- Knapp v. SwaneyMichigan Supreme Court · 1885
- Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
- Whittaker v. Village of FranklinvilleNew York Court of Appeals · 1934
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