Opinion

Molloy v. Board of Health

15 N.Y.S. 487
60 Hun 422
1891 N.Y. Misc. LEXIS 3294

Court: New York Supreme Court
Filed: Jul 2, 1891
Status: Published
Author: Barnard
On the bench: Barnard, Pratt
Cited by: 6 cases
Authority: More cited than 85.4%

The opinion

Barnard, P. J.

The plaintiffs performed work under a contract with the defendant. The expense was a town charge. Chapter 270, Laws 1885. 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. People v. Barnes, 114 N. Y. 324 , 20 N. E. Rep. 609, and 21 N. E. Rep. 739; People v. Board, 18 Barb. 567 ; Bell v. Town of Esopus, 49 Barb. 506 . The judgment should therefore be affirmed, with costs.

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