Olifiers v. Belmont
New York Court of Common Pleas
Appeal from special term. Action by Bartolemy J. Olifiers against Perry Belmont and others. From interlocutory judgments entered on orders sustaining demurrers interposed severally by defendants Belmont and Chandler to the complaint (33 2T. Y. Supp. 275), plaintiff appeals.
1Opinion of the CourtBischoff, J.
As we view this case, there is little which may be added to the opinion delivered at special term upon the questions raised by the demurrers. The main and vital question was whether an individual acting under color of right as a public officer could be held personally to an action for damages resulting to a party accepting a contract proposed by such assumed officer, in the absence of any element of deceit, where, through the latter’s mistake as to his powers, *814the corporate body failed to become bound. The law is well- settled that in such a case the principles governing the liability of a…
2Cited by2 opinions
- Martin v. SchuermeyerSupreme Court of Oklahoma · 1912
- Jacobs v. FeinsteinAppellate Division of the Supreme Court of the State of New York · 1909