Malloy v. Board of Health

New York Supreme Court

Malloy v. Board of Health

67 N.Y. Sup. Ct. 422, 39 N.Y. St. Rep. 922

DecidedJuly 15, 1891

StatusPublished

This text of 67 N.Y. Sup. Ct. 422 (Malloy v. Board of Health) 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

Malloy v. Board of Health, 67 N.Y. Sup. Ct. 422, 39 N.Y. St. Rep. 922 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Barnard, P. J.:

The plaintiffs performed work under a contract with the defendant. The expense was a town charge. (Laws of 1885, chap. 270.) The Board of Health has no place as a defendant. It is a town agency only. The claim must be presented to the town auditors for audit. (Myers v. Barnes, 114 N. Y., 324; People ex rel. Board of Health, etc., v. Board of Supervisors of Monroe County, 18 Barb., 567; Bell v. Town of Esopus, 49 id., 506.)

The judgment should, therefore, be affirmed, with costs.

Pratt, J., concurred; Dticman, J., not sitting.

Judgment affirmed, with costs.

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