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Bell v. Town of Esopus

Bell and others, executors, &c. v. The town of Esopus

Bell v. Town of Esopus, 49 Barb. 506 (N.Y. Sup. Ct. 1867)
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Court
New York Supreme Court · State Trial Courts
Decided
May 6, 1867
Judges
Ingalls
Citations
49 Barb. 5061867 N.Y. App. Div. LEXIS 92
Headnotes
An action will not lie against a town, to recover a claim arising upon contract. Parties who contract to render services for either town or county do it with a knowledge that their remedy, to'procure payment is through the action of the board of supervisors. Where that body neglect or refuse to discharge a duty fairly imposed by law, performance Will be compelled by mandamus.
Summary
THIS is a motion for a new trial, upon exceptions ordered to be heard in the first instance at general term. The action was tried at the Ulster circuit on the 27th day of of March, 1865, and the plaintiffs were nonsuited.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ingalls

Text extracted by OCR from a scanned original; check the original for exact wording.

By the Court, Ingalls, J.

In my judgment there is an insurmountable obstable in the way of a recovery by the plaintiffs in this action, which is that the action cannot be maintained against the town of Esopus to recover the money in question. Neither the statutes of 1853 or 1854 provide a remedy by action against the town ; and the current of judicial determination in this state has been nearly, if not wholly, unbroken against the maintainance of such an action. It rests upon principle ; for to allow actions of this nature to be prosecuted to recover claims arising upon contract, against towns or counties, would create endless litigation. Certainly there is no serious hardship in adhering to a rule so well established and so wise in itself. Parties who contract to render services for either town or county do it with a knowledge that their remedy to procure payment is through the action of the board of supervisors. Where such body neglect or refuse to discharge a duty fairly imposed by law, performance may be compelled by mandamus. (Brady v. Supervisors of New York, 2 Sandf. 460 ; affirmed by Court of Appeals, 10 N. Y. Rep. 260 . The People v. Supervisors of Ulster County, 3 Barb. 332 . The. People v. Edmonds, 15 id. 529. The People v. Supervisors of Livingston Co., 43 id. 298. The People v. Supervisors of New York, 32 N. Y. Rep. 473. Martin v. Supervisors of Greene Co., 29 N. Y. Rep. 645 .)

If we are correct in this position it is conclusive in this *508 case, and renders the examination- of the other questions raised upon the trial unnecessary. A new trial must be denied, with costs.

[Albany General Term, May 6, 1867.

Peckham, Ingalls and Hogeboom, Justices.]

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1871–1872: 21873–1874: 11875–1876: 21891–1892: 11901–1902: 21905–1906: 118712026peak 1871 · 2

Relies on it most ⓘ

  1. Colby v. Town of Day75 A.D. 211 (1902)
  2. Brown v. Town of Canton4 Lans. 409 (N.Y. Sup. Ct. 1871)
  3. Hathaway v. Town of Homer5 Lans. 267 (N.Y. Sup. Ct. 1871)
  4. Molloy v. Board of Health15 N.Y.S. 487 (N.Y. Sup. Ct. 1891)
  5. Colby v. Town of Day77 N.Y.S. 1022 (1902)
  6. Acme Road Machinery Co. v. Town of Bridgewater104 A.D. 597 (1905) · Dissent

Most recent

  1. Acme Road Machinery Co. v. Town of Bridgewater104 A.D. 597 (1905) · Dissent
  2. Colby v. Town of Day77 N.Y.S. 1022 (1902)
  3. Colby v. Town of Day75 A.D. 211 (1902)
  4. Molloy v. Board of Health15 N.Y.S. 487 (N.Y. Sup. Ct. 1891)
  5. Weismer v. Village of Douglas6 Thomp. & Cook 514 (N.Y. Sup. Ct. 1875)
  6. People ex rel. Wells v. Board of Audit6 Thomp. & Cook 374 (N.Y. Sup. Ct. 1875)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Brady v. Supervisors of New-York, 10 N.Y. 260 (1851) 30
People ex rel. A. Oakey Hall v. Bd. of Supervisors, 32 N.Y. 473 (1865) 20
Brady v. Supervisors, 2 Sandf. 460 (1849) 20
Martin v. Supervisors of Greene Co., 29 N.Y. 645 (1864) 18
People ex rel. Dubois v. Bd. of Supervisors, 3 Barb. 332 (N.Y. Sup. Ct. 1848) 6

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