Bennett v. Town of Ogden
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arthur M. Bennett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 17th day of November, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Monroe Trial Term.
1Opinion of the Court
Williams, J.:
■ The ¡judgment should be reversed and'judgment ordered.for plaintiff for :$171.60 and interest from January 30, 1-900. pursuant, to section 1187, Code of Civil -Procedure.
The only question involved in this appeal is whether this action will lie against the defendant. .
Prior to May 4, 1899, one Dr. Slayton had a legal claim of $475 against the town. On that day he bought a horse of one -Sawens for-$215, paid. $50 of the purchase price in cash, and for the balance,; $165 and interest to January 1,1900, $6.60, when the ..claim would be paid by .the town, amounting in all…
2Cases cited1 opinion
- Marsh v. . Town of Little ValleyNew York Court of Appeals · 1876
3Cited by5 opinions
- Bragg v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 1903
- Acme Road Machinery Co. v. Town of BridgewaterAppellate Division of the Supreme Court of the State of New York · 1905
- Bragg v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 1903
- Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911
- Coyne v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 1920