McCrea v. Chahoon
New York Supreme Court
Appeal from special term, Clinton county. Action by Robert McCrea, as a tax-payer of the town of Champlain, in the ■county of Clinton, who has been assessed and has paid taxes within a year from the time of the commencement of the action in that town, such taxes being assessed upon an amount exceeding the sum of $100, against George Chahoon and others, as the board of supervisors of said county, the supervisor and collector of taxes of said town, and 14 other persons, 12 of…
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Appeal from special term, Clinton county. Action by Robert McCrea, as a tax-payer of the town of Champlain, in the ■county of Clinton, who has been assessed and has paid taxes within a year from the time of the commencement of the action in that town, such taxes being assessed upon an amount exceeding the sum of $100, against George Chahoon and others, as the board of supervisors of said county, the supervisor and collector of taxes of said town, and 14 other persons, 12 of whom have separate accounts and claims, and 2 of whom, jointly, have an account and claim against said town, to annul an…
1Opinion of the CourtLandon, J.
We think the complaint alleges a cause of action against the-supervisor and collector of the town of Champlain, and the several defendants-in whose favor the board of supervisors audited the claims presented by them against the town; but we do not think that a cause of action is stated against-the board of supervisors, nor that they are necessary or proper parties to the-action. The action is brought by a tax-payer to prevent waste or injury to-the' town of Champlain, or its tax-payers. Code Civil Proc. § 1925; chapter 673, Laws 1887. The injury threatened is the payment by the collector to…
2Cases cited3 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Fish v. HoseNew York Supreme Court · 1880