Town of Guilford v. . Cooley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of .a referee. This action was brought against defendant as former supervisor of the town of Guilford, Chenango county, to recover .a balance of war funds raised on the credit of the town alleged to be in his hand.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of .a referee. This action was brought against defendant as former supervisor of the town of Guilford, Chenango county, to recover .a balance of war funds raised on the credit of the town alleged to be in his hand. Defendant was supervisor of said town from February, 1863 to February, 1865. Various resolutions were passed by the town from December 29, 1863, to January 3, 1865, for the purpose of raising money and men to fill the…
1Opinion of the CourtGrover, J.
Whether this action can be maintained in the name of the town against the defendant must be determined by the construction of section 5, chapter 11, title 4, part 1, article 1, of the Bevised Statutes, as amended by chapter 534' of the Laws of 1866, page 1146. That section, as so amended, provides that if any supervisor shall neglect to account, or shall render a false account, or shall convert to his own use any money or securities which may come to his hands by virtue of his office, proceedings may be commenced against him' in the name of the town of which he is supervisor, in the ’ Supreme…
2Cited by7 opinions
- Hagadorn v. . RauxNew York Court of Appeals · 1878
- Sutherland v. . CarrNew York Court of Appeals · 1881
- Lattin v. Town of Oyster BayNew York Supreme Court · 1901
- Town of Pelham v. ShinnAppellate Division of the Supreme Court of the State of New York · 1908
- Gleason v. YoumansNew York Supreme Court · 1880
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