Fuller v. Fullerton

14 Barb. 59 | N.Y. Sup. Ct. | 1852

By the Court, C. L. Allen, J. [Franklin General Term, July 5, 1852.

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.