Legal Opinion

City of Newburgh v. Dickey

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

Decided November 13, 1914PublishedCited by 5 opinions

Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Jenks, P. J.:

This is a submitted controversy between the city of Newburgh and its city treasurer. The city council passed a resolution in February, 1914, whereby a certain bank in the city was designated as the depositary of the funds of the city and of the several departments thereof until the further order of the city council, and the city treasurer was directed to deposit the funds of the city received by him in said bank. The city treasurer took the position that he was the legal custodian of the funds of the city by virtue of his office, and had the right to select *792the depositary. The…

2Cases cited3 opinions

  1. Moore v. . MayorNew York Court of Appeals · 1878
  2. Perley v. County of MuskegonMichigan Supreme Court · 1875
  3. Tillinghast v. . MerrillNew York Court of Appeals · 1896

3Cited by5 opinions

  1. Edwards v. Logan CountyCourt of Appeals of Kentucky (pre-1976) · 1932
  2. In re the Judicial Settlement of the Account of Proceedings of the Bank of JamestownAppellate Division of the Supreme Court of the State of New York · 1937
  3. Pickett v. First National BankSupreme Court of Georgia · 1967
  4. Pocatello Independent School District Number One v. FargoIdaho Supreme Court · 1924
  5. Loughman v. Town of PelhamCourt of Appeals for the Second Circuit · 1943

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