Ely v. . Supervisors of Niagara County
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered at General Term in tlie eighth district, affirming a judgment entered on a verdict in favor of Maria Moody, the plaintiff’s assignor, for $4,500, rendered on trial at circuit in Niagara county, Hon. Noah Davis presiding.
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Appeal from a judgment of the Supreme Court, rendered at General Term in tlie eighth district, affirming a judgment entered on a verdict in favor of Maria Moody, the plaintiff’s assignor, for $4,500, rendered on trial at circuit in Niagara county, Hon. Noah Davis presiding. The action xvas brought by the said Maria Moody under the “ act to provide for compensating parties whose property may be destroyed in consequence of mobs or riots,” passed April 13th, 1855, to recover damages for the destruction of two houses and their furniture belonging to her, and situate in the village of Niagara…
1Opinion of the CourtScrugham, J.
The only questions presented by the printed argument of the appellant are as to the necessity of notice to the sheriff, and as to the carelessness or negligence of the plaintiff.
It is not pretended that it was possible for the plaintiff to give the notice required by the • provisions of the act under .which her action ds brought before the destruction of her property was complete; but it is insisted that as she did not afterward give the notice, her action cannot be maintained.
The notice which the act requires is not of the injury or destruction of the property, "but of the facts brought to…
2Cited by37 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Lawton v. . SteeleNew York Court of Appeals · 1890
- State v. RedmonWisconsin Supreme Court · 1907
- Mehlos v. City of MilwaukeeWisconsin Supreme Court · 1914
- Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
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