New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-17

6s,.,.l IVA. Ard other w,tsssses VS. taken. Ne.
Laurence. by reape., Of TIE Controller, acted az
Counsel for the c,y AMI n.sassd the ease With nnea
ability About twenty 81 these cs'es were yes ''uy
decided sgsst tho plaintiffs AooI, Elk aaad'od sdi
a.n.nd on the Sane decision. The Judge gave IN,
following opinion:
FIRST DIsTRIeO CoUar- sEpr. 5.-Beiore -. -
Abraham Alderman at. To HayT So Of the 'iS . Se"'
Action TO recover for services as Csptan OF Ponce
Of Ninth War JuDc go July TO- 1857 ario lh's - "
VI the dcfendaus counsel object. The recovery
or the o ina souud,: rbs: by the Metropolitan Police
upder tbs sct the pi n,iG ceased to be city
county officer, con'rqu' n,ly me VIZ %. %
'n III Judge in delivering his opinion said h.; the plaintiff
ON the of this action, proved the: be was on e Sh Day
Of Ap 1881 duy apo atcd captain Of ,he roey for the
nDtn rSi 10 D,rm uty &C. ach captan until the 18th Jay Of
Juy 1857; also tina, the Controller Of hi. city he'd PAID him
Is, The defndant. proved BY Nr Fs:s their Controller
that he had SUCH paid the e.ruer oil the State on sc
th aud 2eth oil july $4,000 and h.d subsequently paid TO
iSen in he msnnsT S LOO msh :, S n ii
the eOecO, Of the tax for The current yea, 'C ns
Bnre1u Of Day and Nigh, Watch, or Mgaieigal pos
ETo the .. facts have doubt that the plaintiff sl con
nue. to be policeman and entitled to his pay from some
source What that sogSe Is . The question am cses upon
10 de, Dc
70 recover his salary the defendants under the above men
toned ordnance II tina. ordinance day ana .
views. and that he would be entitled to recover ssan the de-
fnd..' this aei.n b s eop.oSed
BY plaintiff COUNSEL the contrary BY passns Una, or1
.1Te ay as'f%eS Of 10 the ordn.nce Seou
the ordua provides tha, the officers Of the Police
to 1851! who are donomns:ed captains, Sc; 'hsl
be officers of the Bureau of Police as now estIoIhed
Section other things provides that The rnles and
regulations for Of the police hereby created
heretofore prescribed by the Mayor aud Conm.ousf, a
continue to the officers Of hi: bureau @c' ~ WI
thus perceived by the LANGUAGE Of this ordinance thar te
Defendants intended to establish Municipal Police ~h
they were not by law authorized q do and did Nc, esv
DAY and nsht watch as the PLAINTIFFS counsel contrn am
therefore Of the opinion that the ordinance ~ S Mp
r poan Police oct all fO1cnen in Office at the time Of the
fret meeting of the Board Of Commissioners unuer tnt m
Metropolitan policemen and entitled TO receive tas
salaries the OF the Conmsoners For ensht
mSted m ONCE and Therefore continues hold the us,iOr
Of CAPTAIN under the Metropolitan Police Com
am clearly Of an opinion that he has no legal the
defendant the tn a1y Si Ap5 s sl esy liable in this
action becau the Controller OF this city had pad us sasTy
W 10 'Hs "a VI principle Of law fiat an agent
corporation cannot by admission make his principal liable
where principal liable before such admission WIS
Tlave therefore come the following conclusions:
A. ordnance . to .aSish Bureau Of Day aud Night Watch
I" or Municipal Police attempted to create MuniciP. Police
plaintiff La. claim under that ordinance. .,,
Second That The plaintiff vas duly appointed on tue i2n
day April and entered the performance Of hi. duties
that day Municipal Policeman under the Act OF
1885; that thus became Municipal Policeman, and con
pued 10 act such until the 18th day Of April THAT being the
day the first meeting Of the Board Of nnae
Act To establish Metropolitan Police District pas'ea
April Is 1851 when no ceased TO be mch Municipal Policeman
and member Of the Metropolitan Police, and as such
entitled to bis pay the 18th Of April from said Commits
oners consequently the defer daus not legally liable TO
pay linn the after date. His only remedy In proceed
IN the Metropolitan Police COMMISSIONER IN cae they
refuse to pay him bis salary.
Third The ment OF the Plaintiff salary BY the Controller
ND the % day June last did bind the defendants to
pay his salary after that period
therefore order judgment 20 be entered Tor the deiendan
vii osfs ana 10 II costs.