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Dodge v. City of New York

14 N.E.2d 837, 278 N.Y. 25, 1938 N.Y. LEXIS 1269
New York Court of Appeals·Decided April 13, 1938·Published·Cited by 9 cases

Opinion

Per Curiam.

In the submission of controversy the parties stipulated that “ plaintiff did not write upon his payroll receipts for the period from January 1, 1934 to June 30, 1937 that the amount received by him was *28 received under protest.” Under the provisions of section 149 of the Charter of the City of New York (Laws 1901, ch. 466, as amd.) there can be no recovery upon any further claim for salary. (See opinion in Quayle v. City of New York, 278 N. Y. 19, decided herewith.) We do not pass upon any other question.

The judgment should be reversed and (the complaint dismissed, without costs. (See 278 N. Y. 599.)

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ., concur.

Judgment reversed, etc.

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Dodge v. City of New York, 14 N.E.2d 837, 278 N.Y. 25, 1938 N.Y. LEXIS 1269 (N.Y. 1938).

14 N.E.2d 837 (Dodge v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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