Butler v. City of Rochester
New York Supreme Court
APPEAL by defendant from an order at special term refusing to set aside a bill of costs allowed plaintiff upon a judgment against the defendant. ■ The judgment was recovered in an action brought by William G. Butler against the. city of Rochester, for work and materials furnished on a contract for the erection of an embankment wall.
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APPEAL by defendant from an order at special term refusing to set aside a bill of costs allowed plaintiff upon a judgment against the defendant. ■ The judgment was recovered in an action brought by William G. Butler against the. city of Rochester, for work and materials furnished on a contract for the erection of an embankment wall. Plaintiff, previous to bringing the action, presented his bill for $1,600 to the common council of said city which, by Laws 1861, chapter 143 (title 3, § 40), has control of the fiscal affairs of the city, and alone is authorized (title 5, § 84) to audit and…
1Opinion of the CourtGilbert, J.
The intention of the legislature in enacting the statute (chapter 262 of 1859) is manifest. It was to prevent the recovery of costs against municipal corporations in cases where the creditor had not afforded the corporation an opportunity to pay before bringing his action. That opportunity was given in this case. The claim was presented to the common council, who alone could authorize its payment, and it was rejected. The treasurer is a subordinate officer. The relation between him and the common council in matters of this kind resembles that of an agent to his principal, and á presentation…
2Cases cited1 opinion
- McClure v. Board of SupervisorsNew York Supreme Court · 1867