Merzbach v. Mayor of New York
New York Court of Common Pleas
Appeal from trial term. Action by Henry Merzbach against the mayor, etc., of the city of New York, to recover statutory fees as a notary to which plaintiff •claimed to be entitled for services performed by him at the request of the district attorney of the city and county of New York in and about the necessary affairs of the latter’s 9f6.ee, and. while plaintiff was employed as a clerk in said office, at a salary payable from the city treasury.
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Appeal from trial term. Action by Henry Merzbach against the mayor, etc., of the city of New York, to recover statutory fees as a notary to which plaintiff •claimed to be entitled for services performed by him at the request of the district attorney of the city and county of New York in and about the necessary affairs of the latter’s 9f6.ee, and. while plaintiff was employed as a clerk in said office, at a salary payable from the city treasury. From a judgment entered on a verdict in favor of plaintiff for $435.02 and $162.96 costs, and from an order denying a motion for a new trial, made on…
1Opinion of the CourtBischoff, J.
In the absence of positive inhibition, a public officer is authorized to incur, on behalf of the body politic of which he is the representative, such expense as may be reasonably necessary to a proper performance and discharge of the duties imposed upon him. People v. Board of Sup’rs of Columbia Co., 134 N. Y. 1, 31 N. E. 322. He is not personally liable for the expense so incurred (People v. Board of Sup’rs of New York, 32 N. Y. 473); and, if he has defrayed it, he is entitled to reimbursement (Id.; Bright v. Supervisors, 18 Johns. 242; Powell v. Newburgh, 19 Johns. 284; U. S. v. Flanders,…
2Cases cited11 opinions
- Cushing v. Owners of the Ship John FraserSupreme Court of the United States · 1859
- Converse v. United StatesSupreme Court of the United States · 1859
- United States v. BrindleSupreme Court of the United States · 1884
- People Ex Rel. Gardenier v. Board of SupervisorsNew York Court of Appeals · 1892
- Bright v. Supervisors of the ChenangoNew York Supreme Court · 1820
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3Cited by1 opinion
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900