Graham v. City of New York
New York Supreme Court
Action to recover for services rendered as blacksmith’s helper in the park department. Defense that plaintiff’s employment was in violation of local civil service regulations.
1Opinion of the CourtMcAdam, J.
In order to establish a legal demand against the municipality, even for services rendered, there must first be an employment by lawful authority. In this instance the employment of the plaintiff was by the proper official, but without compliance with the provisions of the defendant’s charter (Laws of 1897, chap. 378, §§ 123-126) and the civil service rules made thereunder. As a consequence the employment and whatever was done under it created no legal charge against the city. McDonald v. Mayor, 68 N. Y. 23; 23 Am. Rep. 144. A person dealing with the agent of a municipal corporation has no…
2Cases cited1 opinion
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by4 opinions
- Stenson v. City of New YorkNew York Supreme Court · 1903
- Ulrich v. City of New YorkNew York Supreme Court · 1900
- Deering v. City of New YorkNew York Supreme Court · 1907
- Maystrik v. City of New YorkCity of New York Municipal Court · 1937