Board of Supervisors v. Frean

New York Supreme Court

Board of Supervisors v. Frean

1 Thomp. & Cook 431

DecidedSeptember 15, 1873

StatusPublished

This text of 1 Thomp. & Cook 431 (Board of Supervisors v. Frean) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Supervisors v. Frean, 1 Thomp. & Cook 431 (N.Y. Super. Ct. 1873).

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Opinion

Barnard, P. J.

The complaint was dismissed in this case without any proof being taken. The only question presented by this appeal,'is whether the complaint states facts sufficient to constitute a cause of action. I think beyond a question it does. The complaint charges the defendant with presenting claims to the board of supervisors of Richmond county, which were not legal claims against the county, were for services not rendered to the county, or for which the county could legally be charged. The complaint further charges that the defendant knew the claims were not legal, and fraudulently procured a warrant for payment of the same of the [433]*433board of supervisors. The defendant has no right to retain money obtained by such means, and the supervisors had no right to pay it to him. A trial may develop a right to the money by the defendant.

Judgment should be reversed, and new trial granted) costs to abide events.

Judgment reversed and new trial ordered.

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Barnard, P. J.

The complaint was dismissed in this case without any proof being taken. The only question presented by this appeal,'is whether the complaint states facts sufficient to constitute a cause of action. I think beyond a question it does. The complaint charges the defendant with presenting claims to the board of supervisors of Richmond county, which were not legal claims against the county, were for services not rendered to the county, or for which the county could legally be charged. The complaint further charges that the defendant knew the claims were not legal, and fraudulently procured a warrant for payment of the same of the [433]*433board of supervisors. The defendant has no right to retain money obtained by such means, and the supervisors had no right to pay it to him. A trial may develop a right to the money by the defendant.

Judgment should be reversed, and new trial granted) costs to abide events.

Judgment reversed and new trial ordered.

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Bluebook (online)

1 Thomp. & Cook 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-supervisors-v-frean-nysupct-1873.