Hagadorn v. . Raux
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. TMs action was brought by plaintiff as supervisor of the town of Morehouse, Hamilton county, to recover against defendant, his predecessor in office, for moneys and securities belonging to the town alleged to have been erroneously omitted in his accounts rendered to the town auditors, and to have been converted to his own use. The facts appear sufficiently in the opinion. Plaintiff was not the proper party to bring…
1Opinion of the CourtAllen, J.
The important question presented for our decision is as to the right of the plaintiff to maintain the action in his name of office, as supervisor of the town of Morehouse. He may bring actions to enforce any liability or any duty, enjoined by law to him, or the town represented by him, except in cases where, by special provision of law, actions are directed to be brought by the town in its corporate name, and when such is the case actions must be brought in that name. (2 R. S., 473, §§ 92, 93, 94.) In Town of Lewis v. Marshall, a memorandum of which is found in 56 New York, 663, it was…
2Cases cited1 opinion
- Town of Guilford v. . CooleyNew York Court of Appeals · 1874
3Cited by20 opinions
- People Ex Rel. Doscher v. . SissonNew York Court of Appeals · 1918
- Suhre v. KottCourt of Appeals of Texas · 1917
- Talmage v. . Third Nat'l B'k of City of N.Y.New York Court of Appeals · 1883
- Sutherland v. . CarrNew York Court of Appeals · 1881
- People ex rel. Comstock v. Mayor of SyracuseNew York Supreme Court · 1891
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