Merzbach v. Mayor, Aldermen & Commonalty of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1897, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1897, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. An implied promise to compensate the plaintiff arose from the performance of the services by him at the request of the district attorney, and it was error for the learned justice to charge that there must have been an, understanding, upon the part of the city, to compensate plaintiff for his notarial services.…
1Opinion of the CourtYarn, J.
Between June 11th, 1885, and December -31st, 1890, the plaintiff occupied a subordinate position in the office of the district attorney of the city and county of Mew York, and received the salary fixed by law for his services rendered in that capacity. During said period, at the request o.f the district attorney, he also rendered services as notary public by administering oaths and taking acknowledgments required by the People in the various proceedings connected" with the criminal business of the county. This action was brought to recover the fees állowed by law for thus acting as notary,…
2Cases cited2 opinions
- Smith v. . the Long Island R.R. Co.New York Court of Appeals · 1886
- Merzbach v. Mayor of New YorkNew York Court of Common Pleas · 1894
3Cited by26 opinions
- Bookman v. . City of New YorkNew York Court of Appeals · 1910
- Heilbronn v. . HerzogNew York Court of Appeals · 1900
- People v. NeffAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Williams v. County CourtAppellate Division of the Supreme Court of the State of New York · 1905
- McNulty v. Kansas CityCourt of Appeals of Kansas · 1919
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