Miller v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, iu and for the city and county of New York, affirming- a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff Is complaint.
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Appeal from judgment of the General Term of the Court of Common Pleas, iu and for the city and county of New York, affirming- a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff Is complaint. The complaint alleged, in substance, that plaintiff, under and by virtue of authority conferred by statute, was employed by the new county court house commissioners as their clerk or secretary, and his compensation fixed at three thousand dollars ($3,000) per annum , that he performed all the duties of his office up to the first day of May, 1873 ; that from the…
1Opinion of the CourtDanforth, J.
The allegations in the complaint were evidently designed to bring the case within the provisions of the act of 1871, chap. 583, § 7, and the action instituted upon the theory that the defendant would be liable to pay the plaintiff for serwices rendered in the employment of the commissioners referred to in that statute.
In this the plaintiff errs. The commissioners were, it is true, appointed by the mayor, but his authority to make the appointment was derived from the Legislature and not from the corporation or its charter. The duties and the power of the commissioners were conferred by statute…
2Cases cited1 opinion
- Maxmilian v. . MayorNew York Court of Appeals · 1875
3Cited by2 opinions
- Cole v. ClarkSupreme Judicial Court of Maine · 1893
- People Ex Rel. Frost v. . WoodburyNew York Court of Appeals · 1914