Kaplan v. City of Poughkeepsie

Section 26 of title III of the Charter of the City of Poughkeepsie (Laws of 1896, ch. 425, as amd. by Laws of 1910, ch. 632, and Laws of 1911, ch. 685) provides: “ All accounts and claims against the city * * * shall be duly verified. * * * and the common council shall hear and determine the same. No action upon any account or claim shall be brought against the city until it shall have been rejected by the common council.” The complaint does not allege compliance with the charter provision. The answer alleges non-compliance as a defense. The burden of proof to establish compliance with the…