15 Misc. 120 | New York Court of Common Pleas | 1895
As we view this case, there is little which may be added to the opinion delivered at special term upon the questions raised by the demurrers. The main and vital question was whether an individual acting under color of right as a public officer could be held personally to an action for damages resulting to a party accepting a contract proposed by such assumed officer, in the absence of any element of deceit, where, through the latter’s mistake as to his powers,
An appeal from the orders made at special term, allowing a bill of costs in the case of each demurrant, is also before us; but in view of the nature of the action, wherein such defendants would, if liable at all, be liable severally, the determination in this regard as to their diversity of interest was sufficiently justified, and the right to costs, since there was an appearance by separate attorneys; was properly upheld. Railroad Co. v. Burkard, 40 Hun, 625.
The judgments and orders appealed from are to be affirmed, with costs, with the usual leave as to amendment of the pleading. All concur.