11 Barb. 135 | N.Y. Sup. Ct. | 1851
By the Court,
I have not deemed it necessary to examine the questions raised as to the sufficiency of the averments in the declaration conceding the action to be maintainable, because in my judgment there is no foundation whatever in law for an action, under any conceivable state of pleading, for such a cause. I think no case or precedent can any where be found which gives it the least countenance or support. This of itself would afford a very strong presumption against the right of action. But the position does not rest upon mere negative inferences. The authorities, I apprehend, will be found, on examination, to be abundant and conclusive against the right of action for the cause alledged.
The cause alledged is a breach of duty on the part of the defendant as a postmaster, in refusing to receive the proofs offered by the plaintiffs in regard to the circulation of their paper, and to give them the publishing of the list of letters remaining in
To give a right of action for such a cause, the plaintiff must show that the defendant owed the duty to him personally. Wherever an action is brought for a breach of duty imposed by statute, the party bringing it must show that he had an interest in the performance of the duty, and that the duty was imposed for his benefit. But where the duty was created or imposed for the benefit of another, and the advantage to be derived to the party prosecuting, by its performance, is merely incidental and no part of the design of the statute, no such right is created as forms the subject of an action. In this I apprehend all the authorities will be found to agree. (Martin v. Mayor, &c. of Brooklyn, 1 Hill, 545. Bank of Rome v. Mott, 17 Wend. 556. 19 Vin. Ab. 518, 520. 1 Salk. 19. Ashby v. White, 6 Mod. 51.) In the latter case Holt, chief justice, laid down the rule that it must be shown that the party had a right vested in him, in order to maintain the action. And this I apprehend is the true rule. It must be an absolute vested right or interest in contradistinction to one incidental and contingent. The case of Foster v. McKibben, postmaster of Pittsburg, in the district court of Alleghany county, (reported in the American Law Journal, new series, vol. 1, p. 411,) is directly in point. The case is nearly in its facts identical with this, and the court held that the action could not be maintained. That case is authority so far only as its reasoning is sound. But the reasons given by the judge who delivered the opinion of the court, will commend themselves to every legal mind, with the weight and force of authority. It is unquestionably the duty of every officer to perform every duty imposed upon him by law, in the manner and to the extent prescribed, and he may be punished for every violation to the injury of the public or that of individuals. But it does' not follow that some one has a right of action against .him for every neglect or violation of duty, to recover private damages.
Now for whose benefit was the act of congress under considera
Welles, Taylor and Johnson, Justices.]
The action is altogether misconceived, and the defendant must have judgment upon the demurrer.