People Ex Rel. Van Keuren v. Board of Town Auditors
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing an order of Special Term granting a peremptory writ of mandamus, requiring the defendant forthwith to audit and allow and certify to the board of supervisors of the county of Ulster, to be levied on the town of Esopus, a bill of relators against said town for services and disbursements in a suit brought by one Martin Cole against the relator.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing an order of Special Term granting a peremptory writ of mandamus, requiring the defendant forthwith to audit and allow and certify to the board of supervisors of the county of Ulster, to be levied on the town of Esopus, a bill of relators against said town for services and disbursements in a suit brought by one Martin Cole against the relator. (Reported below, 10 Hun, 557.) Said suit was brought for acts of alleged trespass committed by the relator while acting as overseer of highways, which…
1Opinion of the CourtAndrews, J.
There would be much difficulty in sustaining the mandamus for the whole of the relator’s claim, assuming that the direction of the commissioner of highways to enter upon the premises of Cole is to be regarded as the direction of the town, and that the town by reason of such direction and the subsequent entry, in pursuance thereof, by the relator, was bound to indemnify him against the consequences of the trespass to the same extent as an individual would be under like circumstances.
But the promise of indemnity, which the law implies on the part of the person at whose instance and request…
2Cases cited4 opinions
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- Hover v. BarkhoofCommission of Appeals · 1870
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- Town of Fishkill v. Fishkill & Beekman Plank Road Co.New York Supreme Court · 1856
3Cited by49 opinions
- People v. GrantNew York Court of Appeals · 1954
- Corning v. Village of Laurel HollowNew York Court of Appeals · 1979
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- Monk v. . Town of New UtrechtNew York Court of Appeals · 1887
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