Webb v. Albertson
New York Supreme Court
Demurrer to declaration in debt on a bond given to the commissioners of highways of the town of Southold.
1Opinion of the Court
By the Court, McCoun, J.
If the action is sustainable at all, it is properly brought and is sustainable in the names of the present plaintiffs, successors in office of the obligees. The right to sue in this manner is given by statute. (2 R. S. 2d ed. 387, §§ 96, 97. 4 Hill, 196. 5 Id. 216.) But the principal cause of demurrer is, that the bond was taken by the obligees as commissioners of highways, without authority of law, and in violation of their official duty. If this objection is well taken, there is an end of the bond. It is a nullity.
In the first place, the statute is relied on, which…
2Cases cited1 opinion
- Richmond v. RobertsNew York Supreme Court · 1810
3Cited by6 opinions
- Town of Shelby v. MillerWisconsin Supreme Court · 1902
- Indian Coffee Corp. v. The Procter & Gamble CompanyCourt of Appeals for the Third Circuit · 1985
- Eagan v. StevensNew York Supreme Court · 1886
- Richardson v. . CrandallNew York Court of Appeals · 1872
- Richardson v. CrandallNew York Supreme Court · 1865
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