Legal Opinion

Hobbs v. City of Yonkers

New York Supreme Court

Decided May 15, 1884Published

Appeal from a judgment, dismissing the complaint, entered upon tbe trial of this action by the court .without a jury. The action was brought by a former treasurer of the city of Yonkers to recover an amount alleged to be due to him for fees and per centages which had been paid by him into the city treasury.

1Opinion of the Court

BajRNAed, P. J.:

Under' chapter 35, Laws of 1873, the office of city treasurer of the city of Yonkers, was filled by an appointment of the mayor and the approval of the appointment by the common council. ..He was nominated on the 14th May, 1877, and failed to obtain the confirmatory vote of the aldermen.

On the 15th June, 1877, a vote of approval of the plaintiff in advance of an appointment was obtainéd. Then the aldermen presented a written paper to Hobbs to. the effect that he would only ■charge $2,000 a year,- in lieu of all fees, interest, per centages and emoluments, and would “cover into…

2Cases cited3 opinions

  1. Flower v. . LanceNew York Court of Appeals · 1875
  2. Dunn v. . HornbeckNew York Court of Appeals · 1878
  3. Town of Verona v. PeckhamNew York Supreme Court · 1867

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