Powers v. . Shepard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, entered upon order setting, aside a verdict in favor of plaintiff, and directing judgment in favor of defendant.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, entered upon order setting, aside a verdict in favor of plaintiff, and directing judgment in favor of defendant. In March, 1865, the defendant was supervisor of the town of Sparta, in the county of Livingston, and, as such, for the purpose of filling the quota of that town, under the call for men for the army and navy of the United States, issued by the president on December 19, 1864, or the next call thereafter, he entered into an agreement in writing with the plaintiff, wherein he, the defendant,…
1Opinion of the Court
Earl, C.
The agreement upon which the action was brought was personally binding upon the defendant, although he was, at the time he made it, supervisor of the town of Sparta. It is too clear for reasonable dispute, that although he was acting for the town, he intended to bind himself.
This agreement was made March 9, 1865, and it is conceded that it was prohibited by the language of section 4 of chapter 29 of the Laws of 1865. But it is claimed, on the part of the plaintiff, that that section is in conflict with the Constitution of the United States, and hence that it is void. The claim is that…
2Cited by25 opinions
- Sage v. StateIndiana Supreme Court · 1891
- Robinson v. RippeyIndiana Supreme Court · 1887
- Reynolds v. BowenIndiana Supreme Court · 1894
- New York, New Haven & Hartford Railroad v. Bridgeport Traction Co.Supreme Court of Connecticut · 1895
- Ban v. Columbia Southern Ry. Co.Court of Appeals for the Ninth Circuit · 1902
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