Stetler v. McFarlane

Appellate Division of the Supreme Court of New York

Stetler v. McFarlane

181 A.D. 957

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1917·Published

Opinion

In a taxpayer’s suit under section 51 of the General Municipal Law, to recover moneys alleged to have been illegally paid, collusion must be proven. (Daly v. Haight, 170 App. Div. 470; Wallace v. Jones, 195 N. Y. 511; Shiebler v. Smith, 178 App. Div. 925.) Here the court expressly refused to find that the charges were false, fictitious or fraudulent. The complaint did not charge collusion, but only that the audit and allowance of the charges were illegal. Judgment reversed and complaint dismissed, without costs. Jenks, P. J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

In a taxpayer’s suit under section 51 of the General Municipal Law, to recover moneys alleged to have been illegally paid, collusion must be proven. (Daly v. Haight, 170 App. Div. 470; Wallace v. Jones, 195 N. Y. 511; Shiebler v. Smith, 178 App. Div. 925.) Here the court expressly refused to find that the charges were false, fictitious or fraudulent. The complaint did not charge collusion, but only that the audit and allowance of the charges were illegal. Judgment reversed and complaint dismissed, without costs. Jenks, P. J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.

Stetler v. McFarlane, 181 A.D. 957 (N.Y. Ct. App. 1917).

Pincite

181 A.D. 957 (Stetler v. McFarlane) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related