City of New York v. . Fox
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1920, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The moneys deposited with the warden were not public funds. (People ex rel.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1920, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The moneys deposited with the warden were not public funds. (People ex rel. Nash v. Faulkner, 107 N. Y. 477; Obendorfer v. City of New York, 198 N. Y. 583.) A public officer who, as such, receives the money of private individuals, is not absolutely responsible therefor. He is responsible only for good faith and reasonable diligence. (People ex rel. Nash v. Faulkner, 107 N. Y.…
1Opinion of the Court
Hiscock, Ch. J.
The defendant Fox was warden of the workhouse, Blackwell’s Island, New York city, which institution was under the supervision and control of.the commissioner of the department of correction. He, as principal, and the defendant insurance company, as surety, executed a bond conditioned that the defendant Fox would faithfully perform the duties devolved upon him in such'position of warden of the city workhouse, and account for and pay over all moneys by him received or deposited with him as such warden of the city workhouse in accordance with law.
The commissioner of correction by…
2Cases cited2 opinions
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- People Ex Rel. Nash v. . FaulknerNew York Court of Appeals · 1887
3Cited by9 opinions
- County of Placer v. Aetna Casualty & Surety Co.California Supreme Court · 1958
- Matter of Bird v. McGoldrickNew York Court of Appeals · 1938
- Union Bank & Trust Co. v. County of Los AngelesCalifornia Supreme Court · 1938
- Grays Harbor Construction Co. v. PaulkWashington Supreme Court · 1934
- Beckner v. CommonwealthSupreme Court of Virginia · 1939
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