Gunnison v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter B. Gunnison, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 25th day of July, 1902, upon the decision of the court rendered after a trial at the Kings County Special Term sustaining the defendant’s demurrer to the complaint.
1Opinion of the Court
Hirschberg, J.:
The plaintiff sues the board of education of the city of New York to recover salary claimed to be due to him as a teacher in one of the public schools, for services rendered in the year 1899, and salary for services rendered in or before that year by other teachers who have assigned their claims to him. The defendant demurred on two grounds, viz.: First, that the city of New York and not the board of education was the proper party defendant, and, second, that the complaint does not state facts sufficient to constitute a cause of action. The interlocutory judgment sustains the…
2Cases cited8 opinions
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- Steinson v. . Bd. of Education of N.Y.New York Court of Appeals · 1901
- Dannat v. Mayor of New YorkNew York Court of Appeals · 1876
- Gildersleeve v. Board of EducationNew York Court of Common Pleas · 1863
- Donovan v. . B'd of Education of City of N.Y.New York Court of Appeals · 1881
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