Legal Opinion

City of Mount Vernon v. Kenlon

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

Decided September 15, 1904PublishedCited by 5 opinions

Appeal by the defendants, Andrew M. Kenlon and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 17th day of October, 1903, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendants’ separate demurrers to the plaintiff’s complaint.

1Opinion of the Court

Hibsohbérg, P. J.:

The plaintiff is a municipal corporation chartered by chapter 182 of the Laws of 1892. The defendant John H. Brett was elected receiver of taxes and assessments pursuant to the provisions of the charter on May 16,1898, for the term of two years beginning June fifteenth following, on which day he entered upon the discharge of the duties of his office. He took the prescribed oath of office on May twenty-fourth, and on the day when he entered upon the discharge of his duties executed his official bond in the penal sum of $25,000, Which amount had been previously fixed by the…

2Cases cited1 opinion

  1. Village of Olean v. . KingNew York Court of Appeals · 1889

3Cited by5 opinions

  1. City of Mount Vernon v. . BrettNew York Court of Appeals · 1908
  2. Clark Plastering Co. v. Seaboard Surety Co.Appellate Division of the Supreme Court of the State of New York · 1932
  3. Trustees of Village of Bath v. McBrideNew York Supreme Court · 1913
  4. City of Mount Vernon v. KenlonAppellate Division of the Supreme Court of the State of New York · 1906
  5. City of Mt. Vernon v. BrettAppellate Division of the Supreme Court of the State of New York · 1906

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