Costello v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the dourt ■ of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial without a jury. This action was brought to recover a balance alleged to be due plaintiff upon his salary as general clerk of the board of aldermen.
Read the full summary
Appeal from judgment of the General Term of the dourt ■ of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial without a jury. This action was brought to recover a balance alleged to be due plaintiff upon his salary as general clerk of the board of aldermen. A resolution was adopted December 27, 1869, by both boards of the common council, authorizing and directing the clerk of the common council “ to appoint an additional clerk to the board of aldermen who shall be known as the general clerk, whose duties…
1Opinion of the CourtAllen, J.
Sullivan v. The Mayor, etc. (53 N. Y., 652 ; reported at large, 47 How. Pr. R., 491), has no application to the present appeal, and the counsel in supposing that the Court of Common Pleas disposed of this case upon the authority of that decision must have misapprehended that learned court. There is a palpable distinction between the position of a janitor, a mere door-keeper, and that of a clerk of the governing body of a municipality. The duties of the former are those of a mere ordinary laborer or servant, being subordinate and menial, while those of the latter partake of the character of a…
2Cited by3 opinions
- Lowry v. City of LexingtonCourt of Appeals of Kentucky · 1902
- People ex rel. Van Valkenburg v. MyersNew York Supreme Court · 1890
- People ex rel. Van Valkenburg v. MyersNew York Supreme Court · 1890