Smith v. City of Brooklyn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City" of Brooklyn, from 4 judgment of" the" Supreme Court in favor of tlie plaintiff* entered in the office of the clerk of the county of Kings on the 12th day of March, 1896, upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 24th day of March, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Brown, P. J.:
This action was brought by the respondent to recover the salary-attached to the office of assistant sanitary inspector in the department of health in the city of Brooklyn from April 1 to August 14, 1894. It was admitted by the answer that the respondent was appointed to the office in March, 1888,. and that the annual salary was $1,200, payable in monthly installments, and the only denial in the answer was of the allegation that the plaintiff held the office until August fourteenth. As an affirmative defense it was alleged that the plaintiff’s resignation of the office had been…
2Cases cited2 opinions
- Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
- Terhune v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
3Cited by6 opinions
- Quintard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Gutheil v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Martin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Devlin v. City of New YorkCity of New York Municipal Court · 1914
- Stoddart v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
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