Benjamin v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of May, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The plaintiff was a clerk in the bureau of highways of the city of New York, and was also a commissioner of deeds, authorized as such to take affidavits and acknowledgments. As a clerk in the bureau he received a ffxed annual salary. Between the 15th day of December, 1895, and October 5, 1901, he, as a commissioner of deeds, took affidavits of certain employees of the department of public works, namely, inspectors upon public work, those affidavits being required in verification of the accounts presented by such inspectors as to the number of days work performed by them.
When the…
2Cases cited1 opinion
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
3Cited by2 opinions
- Morgan v. . City of New YorkNew York Court of Appeals · 1907
- Bookman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909