Hathaway v. Town of Homer
New York Supreme Court
Exceptions ordered to be first heard at General Term. The action was brought to recover the sum of $540, and the interest thereon from the 24th day of November, 1865, and was tried at the Cortland County Circuit, before Mr. Justice Boardman and a jury in April, 1870. It appeared upon the trial that for the purpose of filling its quota, under the call of the President of the United States, of July, 1864, the town of Solon applied to the war committee -of the board of…
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Exceptions ordered to be first heard at General Term. The action was brought to recover the sum of $540, and the interest thereon from the 24th day of November, 1865, and was tried at the Cortland County Circuit, before Mr. Justice Boardman and a jury in April, 1870. It appeared upon the trial that for the purpose of filling its quota, under the call of the President of the United States, of July, 1864, the town of Solon applied to the war committee -of the board of supervisors of Cortland county, to have fourteen men who had been enlisted and mustered into the United States service to the…
1Opinion of the Court
By the Court
Miller, P. J.
As I understand the facts of this ease, the proof is uncontradicted that the town of Solon filled her quota under the call of the President, of July, 1864, by men transferred to her credit by the' county, for which she paid the county the sum of $9,225. This transfer was made in pursuance of the order of the provost marshal of the district, who credited the men to the town of Solon. Subsequently, and in August, 1865, the volunteer bounty committee obtained the reimbursement money from the paymaster-general, and included in this money was the amount *271paid by Solon. '…
2Cases cited5 opinions
- Brady v. SupervisorsThe Superior Court of New York City · 1849
- People ex rel. Hackley v. Croton Aqueduct BoardNew York Supreme Court · 1867
- Bell v. Town of EsopusNew York Supreme Court · 1867
- Lorillard v. Town of MonroeNew York Supreme Court · 1851
- Town of Duanesburgh v. JenkinsNew York Supreme Court · 1866
3Cited by6 opinions
- Lattin v. Town of Oyster BayNew York Supreme Court · 1901
- Board of Excise of Westchester v. CurleyNew York Court of Appeals · 1877
- Gleason v. YoumansNew York Supreme Court · 1880
- Board of Commissioners of Charities & Correction v. DargeNew York Marine Court · 1881
- Town of Chautauqua v. GiffordNew York Supreme Court · 1876
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