14 Barb. 59 | N.Y. Sup. Ct. | 1852
There were several objections taken in the court below, but which, as they are not insisted upon here, I do not deem it necessary to notice. The main objection urged is that the action should have been brought by and in the name of David M. Cameron, the supervisor, to whom the bond was executed, or in the name of his successor in office. It is argued in answer to this objection, that the superintendent is the proper plaintiff, as he is the receiving and disbursing officer, and entitled to the possession of the money. The 1st R. S. 3d ed. 531, § 34, of the act in relation to public instruction, enacts, that there shall be annually elected in each of the towns of this state, at the same
Willard, Hand, Cady and C. L. Allen, Justices.]
I regret to be under the necessity of coming to this conclusion, as the cause of action is clear, the town superintendent having made use of the money, which he should have appropriated in the manner recpiired by his duty, and the condition of his bond. There is nothing in the other objections taken by the defendants.
But as the action was misconceived, the judgment of the court below must be reversed.