Village of Bath v. . McBride
New York Court of Appeals
Appeal from a judgment, entered August 22, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint.
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Appeal from a judgment, entered August 22, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The trustees of the village of Bath seek to recover in this action upon the official bond of Daniel J. McBride, treasurer of the village, for moneys lost through the failure and bankruptcy of the George. W. Hallock Bank. McBride was elected treasurer on March .5, 1912, and on April 2, following,…
1Opinion of the CourtCuddeback, J.
This court held in Tillinghast v. Merrill (151 N. Y. 135) that a public officer having the custody of public moneys is liable unqualifiedly for the loss thereof, and that it is no defense to an action on the official bond that the money was lost without fault or neglect on the part of the officer.
The trial court in this action found that McBride, the village treasurer, had the custody and possession of the village hall fund, and rendered judgment in favor of the village for the amount of the bond with interest. This judgment was reversed at the Appellate Division and the finding of the trial…
2Cases cited3 opinions
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- Acme Realty Co. v. . SchinasiNew York Court of Appeals · 1915
- Hall v. . O'BrienNew York Court of Appeals · 1916
3Cited by10 opinions
- Vandeweghe v. City of New YorkNew York Supreme Court · 1934
- Matter of Bird v. McGoldrickNew York Court of Appeals · 1938
- Trustees of Village of Bath v. McBrideNew York Court of Appeals · 1917
- City of New York v. FoxAppellate Division of the Supreme Court of the State of New York · 1919
- Town of Mansfield v. HanafordMassachusetts Supreme Judicial Court · 1925
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