Hall v. . Lauderdale
New York Court of Appeals
< Appeal from judgment of the late General Term in the seventh judicial district, reversing judgment for plaintiff, entered in Livingston county on the report of a referee. The facts of the case are sufficiently set forth in the opinion. that the referee erred in refusing to nonsuit plaintiff, The People v. The Board of Supervisors of the County of Livingston (34 N. Y., 516). Plaintiff was authorized to appoint a sub-agent.
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< Appeal from judgment of the late General Term in the seventh judicial district, reversing judgment for plaintiff, entered in Livingston county on the report of a referee. The facts of the case are sufficiently set forth in the opinion. that the referee erred in refusing to nonsuit plaintiff, The People v. The Board of Supervisors of the County of Livingston (34 N. Y., 516). Plaintiff was authorized to appoint a sub-agent. (Story on Agency, §§ 73, 201; Paley on Agency, 197, 200; 2 Kent’s Com., 617, 618; Gage v. Sherman, 2 N. Y., 497.) A public agent can never be held personally liable,…
1Opinion of the CourtAndrews, J.
The board of supervisors of Livingston county, acting under the authority, conferred by the twenty-second section, of chapter eight, of the Laws of 1864, provided by resolution for raising money on the credit of the county, to fill the quota of the county, under the call of the president of the United States for volunteers, of July 18, 1864.
The county assumed, in its corporate capacity, to provide the means to raise by voluntary enlistment, the men required to meet the demand of the general government, and thereby avert the necessity of a conscription.
That this was the nature of the…
2Cases cited9 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- The People v. . Supervisors of LivingstonNew York Court of Appeals · 1866
- Walker v. . the Bank of the State of New-YorkNew York Court of Appeals · 1854
- Denny v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1846
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3Cited by68 opinions
- Mencher v. WeissNew York Court of Appeals · 1953
- Salzman Sign Co. v. BeckNew York Court of Appeals · 1961
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- Nancy Ebker, Cross-Appellee v. Tan Jay International, Ltd. And Peter J. Nygard, Tan Jay International, Ltd., Cross-AppellantCourt of Appeals for the Second Circuit · 1984
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
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