The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-25
COMMON PLEAs-TRIAL TRRM-pART
Another Verdict Against the City.

Another Verdict Against the City.
Z Before Judge Robinson
william c. Ford brought suit against the city to
recover 5000 for an invention OF the plaintiff
taken and used by the county OF New York for the
better registration OF deeds In the Registers
once. The Board Of Supervisors, on the 2lst
day or April, after careful examination OF the
ing real estate lawyers. audited and allowed TO
Mr.. Ford the sum OF $4,000. The Finance Depart
mens refused payment ana a mandamus was 90
Mr.. Ford, and an audit was obtained from the
County Auditor. The Consolidation act having
sSa
fence OF no appropriation was interposed, bat It
was SHOWN thar there was an A. APPROPRIATION lor
clam was audited. As to the other deiences, the
Court held That the case was res adiudicata on &C
count Of the mandamus at the Special Term. A
verdict was given Tor platntld for the iull amount
OF his claim, with interest.
L. the City Liable for the Debts OF the
Board OF Education
Another suit, tried in this Court yesterday, Is
important to q large class OF honest mechanics
who did repairs to the schoohouses OF the city in
the years 1869 and 1870, and VINO have ever since.
owing TO legal technicaiities, been kept out OF
their money. 1t was brought by Mr.. Thomas
Green carpenter, who did work on the puolc
schools or the Seventh ward TO the value OF $3.50.
Payment was objected TO on the ground that the
stricted by the bylaws or the Board OF Education
expenditure Of about 81, 200 for the year. and
that said appropriation had already been paid out,
and that tile plaintiffs claim excess OF that
sum- IL was also objected that the city was not
Eaucaron Il Was proved on behalf Of the pIalntr
OF the seventh ward IN 1870 had not
were presented. Mr.. Dean, Assistant Corp ration
Counsel, then moved for nOu-suit on the ground
that the city could not be sued for debts con-
tracted by the old Board OF Education, and because
the blils were not properly approved 6y the Super
A. q ranw namsd
law passed In 1871 the Board OF Education was
made department. Of the CORPORATION Of the
Mayor, Aldermen and CommOnRlty, and that the
eject Of thar law was to transfer ali the liabilities
OF the Board OF Education to the city. II the city,
Board OF Education by transfer statute OF 1871
then the law was IN violation OF the constitution
ts on.eo Ss sne obi
struction, the successors Of the Board OF Ednca
ton. could not be sued, because 1t was not COR
city was the only party liable, because 1t mad
absorbed all the property OF the Board OF Educa-
ton, and the liability followed the property.
Judge Robinson took the papers, reservng his
Suit for Back Pay.
Mr. William Costello, formerly general clerk Of
The Board OF Aldermen, brought suit to recover
back pay due him for his services for the months
Or September October, November and December,
LoAs toS toeC VI 1@,ovo Pei JSol. AS W oS pdlO
,y the Comptroller at the rate OF $4,000 that being
he amount allowed him BY the Board Of Audit. |
The present suit was for the difference Of $4,000 !
md 81, 900 due him for those months to the date |
u his discharge, January l6 1872. Mr. Dean, AS
stant Corporation Counsel, abandoned that de-
ence, as plaintiffs counsel showed that the Board
" Audit had no power TO cut down salaries, and /
dr. Dean took the ground taat the plaintiffs posi-
ion was new office and the Common Council
we're prohibited from creating It. Nj. Mcnamara,
plaintiffs counsel, took the point that the PLAIN
i1's Office was not a new once; that he was SIM
,ly clerk, and clerks did not come within the
act referred to. Decision reserved.