Bragg v. Town of Victor
Appellate Division of the Supreme Court of the State of New York
Appbal by the defendant, the Town of Victor, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of. the clerk of the county of Ontario on the 20th day of November, 1902, pursuant to an interloóutory judgment entered in said clerk’s office on the 29th day of October, 1902, upon the decision of the court, rendered after a trial at the.
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Appbal by the defendant, the Town of Victor, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of. the clerk of the county of Ontario on the 20th day of November, 1902, pursuant to an interloóutory judgment entered in said clerk’s office on the 29th day of October, 1902, upon the decision of the court, rendered after a trial at the. Ontario Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint, and also from the said interlocutory judgment upon which such final judgment was entered.
1Opinion of the Court
Williams, J.:
The judgments interlocutory and final should be reversed, and the demurrer to the complaint bé sustained, with costs of this appeal to the appellant, and with leave to the respondent to plead over upon' paying the costs of this appeal and of the demurrer.
The action is to recover .$100 upon the facts alleged in the complaint. The'demurrer raises the question whether such facts constitute a cause of action. The allegations are that. March Y, 1899¿ the electors of the town passed a resolution authorizing the town board to make an appropriation, not to exceed $8,000, for the purchase…
2Cases cited3 opinions
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
- Bennett v. Town of OgdenAppellate Division of the Supreme Court of the State of New York · 1903
- Lattin v. Town of Oyster BayNew York Supreme Court · 1901
3Cited by9 opinions
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- People ex rel. McCabe v. MatthiesAppellate Division of the Supreme Court of the State of New York · 1904
- Peck v. Town of CatskillAppellate Division of the Supreme Court of the State of New York · 1907
- Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911
- Steuben Advocate, Inc. v. Board of SupervisorsNew York Supreme Court · 1957
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