Grant v. Fancher
New York Supreme Court
On error from the Dutchess Common Pleas. The action in the court below was case by Fancher and Dean, overseers of Patterson against Grant and Hurd, late overseers of Paw- . lings.
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On error from the Dutchess Common Pleas. The action in the court below was case by Fancher and Dean, overseers of Patterson against Grant and Hurd, late overseers of Paw- . lings. The declaration was, that on the 2a oí January, 1817, Helen Fleming, a pauper, having no legal settlement in this state was removed by an order of just’cos, on the application of the defendants below, from Pawlings to Patterson ; that the order adjudged her to be settled in Patterson, where she was received upon it by the overseers oí that town, the predecessors of the plaintiffs below, who provided for her until…
1Opinion of the Court
Curia, per Savage, Ch. J.
It is objected by the plaintiffs in error, 1. That the plaintiffs below were not a corporation : and could not sue, or be sued.
It is now too late to discuss that question. In Pittstown v. Plattsburgh, (18 John. 418,) it is said “ they (overseers of the poor) are the public agents and trustees of the towns in respect to their poor; and must necessarily, without express authority from the legislature, possess a capacity to sue commensurate with their public trusts and duties.” And the general proposition is laid down, that “ where a public office is instituted by the…
2Cases cited2 opinions
- King v. ButlerNew York Supreme Court · 1818
- Olney v. WickesNew York Supreme Court · 1820
3Cited by5 opinions
- King v. Village of RandolphAppellate Division of the Supreme Court of the State of New York · 1898
- King v. Village of RandolphAppellate Division of the Supreme Court of the State of New York · 1898
- Gourley v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1799
- People ex rel. Farley v. WinklerAppellate Division of the Supreme Court of the State of New York · 1911
- Reynolds v. MynardNew York Court of Appeals · 1848