Bush v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Irving T. Bush, and by the defendants, John O’Brien and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 2d day of January, 1901, granting in part and denying in part a motion made on behalf of the plaintiff for leave to serve a supplemental summons and complaint herein, and to bring in as parties defendant Walston H. Brown individually, L.…
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Cross-appeals by the plaintiff, Irving T. Bush, and by the defendants, John O’Brien and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 2d day of January, 1901, granting in part and denying in part a motion made on behalf of the plaintiff for leave to serve a supplemental summons and complaint herein, and to bring in as parties defendant Walston H. Brown individually, L. Laflin Kellogg, ■ Abram J. Rose, Arthur H. Smith, Alfred .C. Pétte and Philip M. Brett, and to serve the supplemental…
1Opinion of the Court
Hatch, J.:
This action was brought by the plaintiff, as a taxpayer, under chapter 301 of the Laws of 1892 and section 1925 of the Code of Civil Procedure, to prevent an alleged illegal official action on the part of the comptroller of the city of New York in paying six several judgments in favor of O’Brien and Clark and Walston H. Brown, as receiver of the firm of Brown, Howard & Co., against the mayor, aldermen and commonalty of the city of New York, entered upon six separate offers to allow judgment in said actions made by the corporation counsel on behalf of the city on the ground that his…
2Cases cited5 opinions
- Bush v. . O'BrienNew York Court of Appeals · 1900
- Prouty v. Lake Shore & Michigan Southern RailroadNew York Court of Appeals · 1881
- O'Brien v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- O'Brien v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1899
- New England Water Works Co. v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Hunt v. Provident Savings Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1902
- McNeil v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1908
- Bush v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1901