Benjamin v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Benjamin P. Benjamin against the city of New York. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtPatterson, J.
The plaintiff was a clerk in the bureau of highways of the city of New York, and was also a commissioner of deeds, authorized as such to take affidavits and acknowledgments. As a clerk in the bureau, he received a fixed annual salary. Between the 15th day of December, 1895, and October 5, 1901, he, as a commissioner of deeds, took affidavits of certain employés of the department of public works, namely, inspectors upon public work; those affidavits being required in verification of the accounts presented by such inspectors as to the number of days’ work performed by them. When the plaintiff…
2Cases cited1 opinion
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
3Cited by2 opinions
- McNulty v. Kansas CityCourt of Appeals of Kansas · 1919
- McCabe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902