Fagan v. Mayor, Aldermen & Commonalty of New York
New York Court of Appeals
Appeal from judgment of the G-eperal Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made November 9, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. A cause of action existed against Cummisky and a judgment can be given herein in relation to his claim to the salary.
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Appeal from judgment of the G-eperal Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made November 9, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. A cause of action existed against Cummisky and a judgment can be given herein in relation to his claim to the salary. (Kennedy v. The Mayor, 79 N. Y. 361.) No judgment can be rendered for either of the parties claiming janitor’s salary herein, unless the court at the same time…
1Opinion of the CourtEarl, J.
The plaintiff commenced this action to recover of the city of Hew York his salary for the year 1879, as janitor of the building in which the sixth district civil court in that city held its sessions. Phillip Cummisky was joined as a defendant upon the allegation that he. claimed an interest in the subject of controversy adverse to the plaintiff.
The plaintiff claimed to have been appointed janitor of the court building by the commissioner of public works, and Cum misky claimed to have been appointed janitor of the sixth district civil court by the justice of that court.
The board of estimate…
2Cited by4 opinions
- Ventromile v. Malden Electric Co.Massachusetts Supreme Judicial Court · 1944
- Kramer v. Industrial Accident CommissionCalifornia Court of Appeal · 1916
- Teall v. HarlowMassachusetts Supreme Judicial Court · 1931
- Farrell v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1906