# Malloy v. Board of Health

> New York Supreme Court · July 15, 1891 · 67 N.Y. Sup. Ct. 422

URL: https://www.frixlaw.com/law-library/cases/6218568

## Case

- **Full name:** FRANK W. MALLOY and Another v. THE BOARD OF HEALTH OF THE TOWN OF MAMARONECK
- **Court:** New York Supreme Court
- **Decided:** July 15, 1891
- **Citations:** 67 N.Y. Sup. Ct. 422; 39 N.Y. St. Rep. 922
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Barnard
- **Judges:** Barnard, Dticman, Pratt
- **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/6218568

## Opinion text

Barnard, P. J.:
The plaintiffs performed work under a contract with the defendant. The expense was a town charge. (Laws of 1885, chap. 270.) 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. (Myers v. Barnes, 114 N. Y., 324 ; People ex rel. Board of Health, etc., v. Board of Supervisors of Monroe County, 18 Barb., 567 ; Bell v. Town of Esopus, 49 id., 506.)
The judgment should, therefore, be affirmed, with costs.
Pratt, J., concurred; Dticman, J., not sitting.
Judgment affirmed, with costs.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6218568. Public record. Not legal advice.