Patton v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William M. Patton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Grange on the 27th day of April, 1897, upon the decision of the court, rendered after a trial before the court without a jury at the Orange Trial Term, dismissing the complaint.
1Opinion of the Court
Per Curiam :
This action is brought to recover of the defendant the fees of the plaintiff and two other commissioners (both of whom have .assigned their claims to the plaintiff) appointed to determine upon the necessity of a highway in the town of New Windsor, for the; opening of which the defendant had applied. On an appeal from an order made by the County Court, in the proceeding to open the highway (Matter of Miller, 9 App. Div. 261); we held that where the application failed, the compensation of the commissioners could not be charged on the town. We there said, wliat was doubtless true,…