# Molloy v. Board of Health

> New York Supreme Court · July 2, 1891 · 15 N.Y.S. 487

URL: https://www.frixlaw.com/law-library/cases/5501210

## Case

- **Full name:** Molloy v. Board of Health of Town of Mamaroneck
- **Court:** New York Supreme Court
- **Decided:** July 2, 1891
- **Citations:** 15 N.Y.S. 487; 60 Hun 422; 1891 N.Y. Misc. LEXIS 3294
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Barnard
- **Judges:** Barnard, Pratt
- **Cited by:** 6 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/5501210

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5501210. Public record. Not legal advice.