Legal Opinion

Bush v. Coler

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 3 opinions

Appeal by the plaintiff, Irving T. Bush, from an interlocutory judgment of the Supreme Court in. favor of the defendant, Bird S. Coler, as comptroller of the city of Hew York, entered in the office of the clerk of the county of Hew York on the 8th day of December, 1899, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining said defendant’s demurrer to the complaint.

1Opinion of the Court

Ingraham, J.:

In this action a taxpayer, under the authority of chapter 301 of the Laws of 1892, seeks to restrain the payment of certain ■ judgments against the city of Hew York, entered upon offers of the corporation counsel to allow judgments to be entered in favor of the individual defendants other than the comptroller, which, as alleged in the complaint, were executed and verified by the corpo*48ration counsel of the city of Hew York, claiming to be duly authorized by the said municipal corporation to make the same on its behalf, but that said offers of judgment were not entered into, made,…

2Cases cited1 opinion

  1. Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885

3Cited by3 opinions

  1. Western New York Water Co. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1925
  2. Heydeman v. County of RocklandNew York Supreme Court · 1954
  3. Bachia v. PiepenbrinkNew York Supreme Court · 1912

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