Supervisors of Rensselaer County v. Bates
New York Court of Appeals
Appeal from the Supreme Court. The action was upon a bond, bearing date January 20, 1858, signed by the defendant as surety, and conditioned that one Sherry should faithfully pay and account for all moneys that should come to his hands as treasurer of the board of superintendents of the House of Industry of the county of Rensselaer.
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Appeal from the Supreme Court. The action was upon a bond, bearing date January 20, 1858, signed by the defendant as surety, and conditioned that one Sherry should faithfully pay and account for all moneys that should come to his hands as treasurer of the board of superintendents of the House of Industry of the county of Rensselaer. The breach assigned in the complaint was that Sherry, after the making of the obligation, and while he was such treasurer, &c., received of several persons, specifically named with the sums received from each, money amounting in the aggregate to $1893.20, for…
1Opinion of the CourtHarris, J.
This case is remarkable for the series of illegal proceedings which it presents. The board of supervisors were authorized to appoint superintendents of the House of Industry, and to raise money by tax to defray its annual expenses. This was the extent of their authority. The money thus to be raised was to be paid to the county treasurer, to be drawn out of his hands upon the orders of the superintendents. No provision is made in the act authorizing the establishment of the House of Industry for the appointment of a treasurer of the board of superintendents; nor was such an office made…
2Cited by21 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- State v. McFetridgeWisconsin Supreme Court · 1893
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Lindlots Realty Corp. v. County of SuffolkNew York Court of Appeals · 1938
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