Legal Opinion

Whitford v. Bissell

New York Supreme Court

Decided January 15, 1857PublishedCited by 1 opinion

Present, Gray, Mason and Balcom, Justices. This action originated in a justice’s court in Otsego county. It was brought to recover the value of a cow that belonged to the plaintiff, and which one Brooks took and sold as collector of a school district, by virtue of a warrant issued and delivered to him by the defendants, as trustees of the district, for the collection of a tax voted upon the district.

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Present, Gray, Mason and Balcom, Justices. This action originated in a justice’s court in Otsego county. It was brought to recover the value of a cow that belonged to the plaintiff, and which one Brooks took and sold as collector of a school district, by virtue of a warrant issued and delivered to him by the defendants, as trustees of the district, for the collection of a tax voted upon the district. The tax was apportioned, and the warrant was issued for its collection by the two defendants, as trustees of the district, without meeting with or consulting the third trustee. Brooks levied upon…

1Opinion of the Court 1

By the court—Balcom, Justice.

The return of the justice shows that the tax list and warrant, by virtue of which the plaintiff’s cow was taken and sold, were made out by the two defendants without meeting with the other trustee of the district, or consulting him on the subject.

It is provided by statute as follows :—

“ Whenever any power, authority, or duty is confided by law to three or more persons, and whenever three or more persons or officers are authorized or required by law to perform any act, such act may be done, and such power, authority, or duty may be exercised and performed by a…

Also in this document: Opinion of the Court · Mason.

2Cases cited4 opinions

  1. People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Horton v. GarrisonNew York Supreme Court · 1856
  3. Lee v. ParryNew York Supreme Court · 1847
  4. Walsh & Mallory v. OstranderNew York Supreme Court · 1839

3Cited by1 opinion

  1. Gildersleeve v. Board of EducationNew York Court of Common Pleas · 1863

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