Gillis v. Space
New York Supreme Court
THIS is an appeal from a judgment entered on the verdict of a jury, in favor of the plaintiff. The action was tried at the Cattaraugus county circuit, before the Hon. Geo. D. Lamont. By the bill of exceptions, it is disclosed, that one Albert Hosley was sole trustee of the said school district,- and that his term of office expired on the 11th day of October, 1870, and on that day the defendant was elected his successor in office, and has held the office ever since.
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THIS is an appeal from a judgment entered on the verdict of a jury, in favor of the plaintiff. The action was tried at the Cattaraugus county circuit, before the Hon. Geo. D. Lamont. By the bill of exceptions, it is disclosed, that one Albert Hosley was sole trustee of the said school district,- and that his term of office expired on the 11th day of October, 1870, and on that day the defendant was elected his successor in office, and has held the office ever since. That on the 29th day of September, 1870, the said Hosley, as such trustee, entered into a written agreement with the plaintiff,…
1Opinion of the Court
By the Court, Barker, J.
The contract entered into between Hosley and the plaintiff is binding upon the defendant, as the successor of Hosley. They each represent the same principal, and the act of the former was within the power and authority vested in him, “ to contract with , and employ all teachers in the district school or schools.” (Laws of 1864, ch. 555, § 48, subd. 9.) There is not any limit, in terms, placed on the exercise of this power. It is also manifest, that to limit the right to employ a teacher, for a time not beyond the incumbent’s term of office, would lead, at times, to…
2Cases cited5 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Shannon v. ComstockNew York Supreme Court · 1839
- Silver v. CummingsNew York Supreme Court · 1831
- Finch v. ClevelandNew York Supreme Court · 1851
3Cited by19 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1896
- Van Winkle v. SatterfieldSupreme Court of Arkansas · 1894
- Wilkinson v. BlackSupreme Court of Alabama · 1885
- Emery v. SteckelSupreme Court of Pennsylvania · 1889
- Harness v. Kentucky Fluor Spar Co.Court of Appeals of Kentucky · 1912
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