People v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from so much of a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 3d day of March, 1916, as disallows to the plaintiff the sum of $17,831. The judgment was entered upon the decision of the court after a trial before the court without a jury. The opinion of the Trial Term is reported in People v. City of Buffalo (93 Misc. Rep. 275).
1Opinion of the Court
Woodward, J.:
The People of the State of Hew York bring this action as for conversion against the city of Buffalo, claiming that the defendant has withheld the sum of $17,831, fines and penalties collected under the provisions of the State law, city ordinances and park rules and regulations. Upon the trial of the action it was conceded that the State had a right to recover the fines and penalties collected for violations of the State law under section 291 of the Highway Law (Consol. Laws, chap. 25 [Laws of 1909, chap. 30], as added by Laws of 1910, chap. 374), but the defendant maintained that…
2Cases cited5 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Perkins v. . SmithNew York Court of Appeals · 1889
- Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
- Wahl v. HoltWisconsin Supreme Court · 1870
- People v. UntermyerAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by4 opinions
- People v. President & Trustees of the OssiningAppellate Division of the Supreme Court of the State of New York · 1933
- People v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1935
- Campbell v. QuigleyNew York Supreme Court · 1926
- Douglas v. FoleyNew York Supreme Court · 1942