Legal Opinion

Van Schaick v. Sigel

New York Court of Common Pleas

Decided January 15, 1880PublishedCited by 2 opinions

In February, 1874, the defendant was register of deeds, in and for the city and county of Few York. About that time one George H. Scott applied to plaintiff through his attorneys, Van Schaick, Gillender & Thompson, for a loan of $4,000 upon premises situate on One Hundred and Sixth street, in the city of Hew York. It was agreed between the parties that the loan should be made, and should be a first or prior lien upon the premises above mentioned.

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In February, 1874, the defendant was register of deeds, in and for the city and county of Few York. About that time one George H. Scott applied to plaintiff through his attorneys, Van Schaick, Gillender & Thompson, for a loan of $4,000 upon premises situate on One Hundred and Sixth street, in the city of Hew York. It was agreed between the parties that the loan should be made, and should be a first or prior lien upon the premises above mentioned. In furtherance of this object a requisition was prepared by said attorneys, addressed to said register, requiring him to search and certify, among…

1Opinion of the CourtLarremore, J.

It will be unnecessary to consider what liability, if any, the defendant, as a public officer, has incurred under the common law, or how far the rule of respondeat superior applies to the present case. The action was tried and discussed upon the sole ground of defendant’s liability under an act passed July 21, 1853, by the legislature of this state, entitled “ An act in relation to the office of the register of the city and county of Few York,” (Laws of 1853, chap. 610). The first section of said act provides that the register of deeds of the said city and county is authorized to appoint a…

2Cases cited3 opinions

  1. Hover v. BarkhoofCommission of Appeals · 1870
  2. Knight v. . WilcoxNew York Court of Appeals · 1856
  3. Sprague v. EcclestonNew York Supreme Court · 1869

3Cited by2 opinions

  1. Hartwell v. RileyAppellate Division of the Supreme Court of the State of New York · 1900
  2. Spector v. HallanCity of New York Municipal Court · 1939

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