Supervisors of Kings v. Walter
New York Supreme Court
APPEAL by defendant from an order at special term sustaining a demurrer to the answer. The action was brought by the board of supervisors of the county of Kings against Anthony Walter.
Read the full summary
APPEAL by defendant from an order at special term sustaining a demurrer to the answer. The action was brought by the board of supervisors of the county of Kings against Anthony Walter. The complaint alleged that defendant was at certain times sheriff of said county and had the custody of the persons committed to the county jail; that he was entitled to a certain fee for receiving and discharging prisoners, and that it was the duty of the board of supervisors to audit the accounts of defendant for the board of such prisoners; that defendant presented certain false accounts and vouchers for the…
1DissentTappen, J.
The defendant, while sheriff of Kings county, having the custody and being the keeper of the common *340jail, presented, from time to time, Ms accounts for the board of persons confined therein, including his fees for receiving and discharging such persons, to the supervisors, who audited such accounts, and the defendant was paid the amounts thereof.
It is now claimed by the plaintiffs that such accounts were fraudulently overstated by the defendant, and that a large sum was charged for persons who. never were so committed, boarded or discharged, and this action is brought to recover back the…
2Cases cited2 opinions
- Cumming v. . BrownNew York Court of Appeals · 1871
- Rogers v. JacksonNew York Supreme Court · 1838