Fuller v. Fullerton
New York Supreme Court
This was an action commenced by the plaintiff as superintendent of common schools in the town of Athol, before a justice of the peace of Warren county.
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This was an action commenced by the plaintiff as superintendent of common schools in the town of Athol, before a justice of the peace of Warren county. The complaint averred that at the annual town meeting in the the town of Athol, in said county, in April, 1847, Edward Fullerton, one of the defendants, was duly elected superintendent of common schools of said town of Athol, and that afterwards, on the 12th of April, 1847, for the purpose of enabling him to enter upon the duties of his office, he as superintendent, and the other defendants as sureties, executed a bond or writing obligatory,…
1Opinion of the Court
By the Court, C. L. Allen, J.
There were several objections taken in the court below, but which, as they are not insisted upon here, I do not deem it necessary to notice. The main objection urged is that the action should have been brought by and in the name of David M. Cameron, the supervisor, to whom the bond was executed, or in the name of his successor in office. It is argued in answer to this objection, that the superintendent is the proper plaintiff, as he is the receiving and disbursing officer, and entitled to the possession of the money. The 1st R. S. 3d ed. 531, § 34, of the act in…
2Cases cited3 opinions
- Lawton v. ErwinNew York Supreme Court · 1832
- Skellinger v. YendesNew York Supreme Court · 1834
- Armine v. SpencerNew York Supreme Court · 1830
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