Mark v. Village of West Troy
New York Supreme Court
Appeal from judgment on report of referee. Action by George Mark against the village of West Troy. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtPutnam, J.
We regret that we are unable to agree with the views adopted by the referee in this case. Plaintiff’s assignor performed meritorious and valuable services in actions where defendant was a party, and should receive compensation therefor. But the claim on which the action was brought was not shown to have ever have been presented as required by defendant’s charter. Chapter 52, Laws 1879, §§ 28, 29, amending sections 32 and 33 of the charter. The act requires that a bill shall be made out in items, and verified and formally presented to the board of trustees, before an action can be maintained.…
Also in this document: Concurrence.
2Cases cited3 opinions
- Moore v. . MayorNew York Court of Appeals · 1878
- Downing v. RugarNew York Supreme Court · 1839
- In re BleakleyNew York Court of Chancery · 1835
3Cited by1 opinion
- Dobson v. Village of OneidaAppellate Division of the Supreme Court of the State of New York · 1905