Palmer v. Roods
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob 0.. Palmer, as supervisor, etc,, from an interlocutory judgment of the Supreme Court in favor of the defendants Roods and Kathan, entered in the office of tire cleric of the county of Saratoga on the 23d day of March, 1906, upon the decision of the court, rendered after a trial' at the Saratoga Special Term, sustaining the said defendants’ demurrer to' the complaint.
1Opinion of the Court
Cochrane, J. :
The action is on the official undertaking of the defendant Poods as former supervisor of the town of Hadley. The other defendants are the sureties on such undertaking. The alleged breach of the undertaking is among other things-that the supervisor did-not pay over and account for the local school fund which came into his hands.
The defendants demurred on the following grounds: “ First, that it appears upon the face of the complaint that the plaintiff has not the legal capacity to sue in that the statute governing such cases gives to the supervisor no right to bring this action…
2Cases cited5 opinions
- Perkins v. . StimmelNew York Court of Appeals · 1889
- Town of Pierrepont v. . LovelessNew York Court of Appeals · 1878
- O'Reilly v. GreeneNew York Supreme Court · 1896
- Varnum v. TaylorNew York Supreme Court · 1891
- Town of Hadley v. GarnerAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Van Tuyl v. New York Real Estate Security Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Skinner v. SchwabAppellate Division of the Supreme Court of the State of New York · 1919
- Leavitt v. James F. Scholes Co.Appellate Division of the Supreme Court of the State of New York · 1911