People of the State of N.Y. v. . Fields
New York Court of Appeals
Appeal by defendant Fields from a judgment of the General Term of the Supreme Court in the third judicial •department, affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought to recover moneys alleged to have been unlawfully and fraudulently paid to defendant Fields by the comptroller of the city of New York.
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Appeal by defendant Fields from a judgment of the General Term of the Supreme Court in the third judicial •department, affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought to recover moneys alleged to have been unlawfully and fraudulently paid to defendant Fields by the comptroller of the city of New York. The complaint alleged in substance that pursuant to an act passed March 30th, 1865, creating a metropolitan fire district (chap. 249, Laws of 1865), there was organized in that year what is commonly known as a paid fire department. That for the suburbs…
1Opinion of the CourtFolger, J.
The first inquiry is.this: Is the appellant liable to any party, for the moneys or any part of them, obtained and received by him ?
He is not liable unless those moneys were paid to him without authority of law. There was no authority of law for the. payment, unless it is found in the acts of 1869 and 1870. Without those acts the members of the fire companies, whose assignee the appellant was, had no legal claim for any personal compensation. A brief statement will make this plain.
By the act of 1865 (Laws of 1865, chap. 249, p. 395), there was erected the metropolitan fire district of the…
2Cases cited1 opinion
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
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- McSurely v. McGrewSupreme Court of Iowa · 1908
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