# Hawes v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · January 22, 1914 · 160 A.D. 516

URL: https://www.frixlaw.com/law-library/cases/5231255

## Case

- **Full name:** Alfred Hawes v. The Board of Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 22, 1914
- **Citations:** 160 A.D. 516; 145 N.Y.S. 575; 1914 N.Y. App. Div. LEXIS 4741
- **Precedential status:** Published
- **Opinion:** Dissent by McLaughlin
- **Judges:** McLaughlin, Scott
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5231255

## Opinion text

McLaughlin, J. (dissenting):
I dissent on the ground that from the allegation that the plaintiff had received a certain compensation, it is fairly to be inferred that such compensation had been fixed according to law. The presumption is, in the absence of any evidence to the contrary, that a public official disburses public money only when authorized by law to do so, that is, that he performs only legal acts. The allegation, therefore, in the complaint that the plaintiff received a certain compensation is, in my opinion, equivalent to an allegation that he was entitled to receive the same.
Judgment reversed, with costs, and demurrer sustained, with costs, with leave to the plaintiff to amend on payment of costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5231255. Public record. Not legal advice.