# Board of Commissioners of Charities & Correction v. Darge

> New York Marine Court · September 23, 1881 · 1 N.Y. City Ct. Rep. 373

URL: https://www.frixlaw.com/law-library/cases/6216192

## Case

- **Full name:** BOARD OF COMMISSIONERS OF CHARITIES AND CORRECTION against DARGE
- **Court:** New York Marine Court
- **Decided:** September 23, 1881
- **Citations:** 1 N.Y. City Ct. Rep. 373
- **Precedential status:** Published
- **Opinion:** Opinion of the court by McAdam
- **Judges:** McAdam
- **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/6216192

## Opinion text

McAdam, J.
The commissioners of charities and correction, when suing as overseers of the poor, must sue in their individual names, with their official designation added (Supervisors, &c., v. Stimson, 4 Hill, 136 ; Comm’ rs, &c., v. Peck, 5 Id. 215 ; Paige v. Fazackerly, 36 Barb. 392 ; Gould v. Glass, 19 Id. 179; Hill & Den. *374 Supp. 279 ; Agent, &c. v. Rickeman, 1 Den. 279 ; Trustees, &c., v. Acker, 26 How. Pr. 263 ; Hathaway v. Town of Homer, 5 Lans. 273 ; Hart v. Benson, 18 How. Pr. 302 ). The “ board,” as such, lias no legal entity, and is incapable of maintaining an action. The statute calls these officials “ commissioners,” and their office “a department.” The “board,” as such, not having legal capacity to sue, tlie demurrer interposed on that ground is well taken and must be sustained, with leave to the plaintiffs to amend, on payment, within six days, of the costs of an issue of law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6216192. Public record. Not legal advice.