Kearney v. . Mayor, Etc., of City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made at the May term, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made at the May term, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought by plaintiff, as assignee of one Scanlon, to recover for publishing the election notice for the year 1870 in The Irish Republic newspaper, which, plaintiff claimed, was given to Scanlon, the publisher of said newspaper, for publication, by the then sheriff of the county of New York, as authorized…
1Opinion of the CourtRapallo, J.
The alleged employment by the sheriff, pursuant to chapter 480 of the Laws of 1860, of Scanlon, the plaintiff’s assignor, to publish the election notice in the newspaper entitled “ The Irish Republic,” lay at the foundation of . the plaintiff’s supposed cause of action. The fact of such employment was put in issue by the answer. The plaintiff was the only witness called to prove it, and he testified that, at the request of Scanlon, he called upon the sheriff and asked him for the election notice. That the sheriff gave it to him with a written indorsement thereon, which indorsement, the…
2Cases cited6 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Simpson & Co. v. DallSupreme Court of the United States · 1866
- Jackson v. FrierNew York Supreme Court · 1819
- Dickinson v. BreedenIllinois Supreme Court · 1860
- Nicholson v. ConnerNew York Court of Common Pleas · 1879
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- Stephan v. MetzgerMissouri Court of Appeals · 1902
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