Hurley v. Van Wagner
New York Supreme Court
APPEAL from a judgment of the county court of Dutchess county. The action was brought to recover the value of the services of one James Murgatroyd, performed by him for the defendant, and for disbursements. The claim had been duly assigned to the plaintiff, by Murgatroyd. The action was tried before a justice of the peace.
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APPEAL from a judgment of the county court of Dutchess county. The action was brought to recover the value of the services of one James Murgatroyd, performed by him for the defendant, and for disbursements. The claim had been duly assigned to the plaintiff, by Murgatroyd. The action was tried before a justice of the peace. From the evidence given on the trial, it appeared that during the summer and a part of the fall of 1856, the defendant was traveling about the country with a large tent, engaged in delivering lectures in behalf of the republican party, and in favor of the election of John…
1Opinion of the Court
By the Court, Brown, J.
This court decided in Jackson v. Walker, (5 Sill, 27,) that a contract to pay for the use of a log cabin to be used, and which was used, during an election canvass, to promote the success of a particular candidate or ticket, was within the prohibitions of the act in regard to penalties for misconduct at elections, (1 R. S., 362, 4th ed.,) and could not be enforced. The decision must be regarded as the law of this court, but it should not be extended beyond the circumstances out of which it arose; for, notwithstanding the acknowledged ability of the judge who delivered…
2Cited by2 opinions
- Sizer v. DanielsNew York Supreme Court · 1873
- Murphy v. EnglishNew York Supreme Court · 1883