Van Alstyne v. . Freday
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the fourth district, affirming a judgment for the plaintiff, entered pursuant to an order for judgment, made by Justice Pottee at Special Term, on the ground that the answers of the defendants, to the several alleged causes of action, are frivolous and false.
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Appeal from a judgment of the General Term of the Supreme Court, in the fourth district, affirming a judgment for the plaintiff, entered pursuant to an order for judgment, made by Justice Pottee at Special Term, on the ground that the answers of the defendants, to the several alleged causes of action, are frivolous and false. The complaint alleges as a first cause of action, that Elijah Garlock, the predecessor of the defendants as commissioner of highways, became justly indebted to the plaintiff, in the sum of $850, for money lent and advanced to him as such commissioner, and that the…
1Opinion of the CourtWoodruff, J.
A commissioner of highways has no general authority, as such commissioner, to borrow money, or to give promissory notes, and thereby to bind his successors in office.
In respect, therefore, to the first alleged cause of action in the complaint herein referred to, there is an entire failure to show facts sufficient to charge the defendants with a liability to the plaintiff, or to establish a liability of the town of Canajoharie for the moneys alleged to have been lent and advanced by plaintiff to Garlock, the predecessor of the defendants in office.
Ho extended discussion is necessary to support…
2Cited by9 opinions
- Munger v. . ShannonNew York Court of Appeals · 1874
- McMoran v. LangeAppellate Division of the Supreme Court of the State of New York · 1898
- Wilkin v. . RapleeNew York Court of Appeals · 1873
- Maccarone v. HayesAppellate Division of the Supreme Court of the State of New York · 1903
- Riverside Chemical Co. v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1945
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