From Casetext: Smarter Legal Research

McGrade v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1908
126 App. Div. 362 (N.Y. App. Div. 1908)

Opinion

May 1, 1908.

James D. Bell [ Edward Lazansky with him on the brief], for the appellant.

Otto C. Wierum, Jr., for the respondent.


The plaintiff was a clerk in the fire department of the city of New York at a salary of $1,500 a year. In 1902 such salary (in common with other salaries) was reduced 10 per cent., i.e., to $1,350 a year. On April 12th, 1905, the salaries of clerks in the fire department were fixed at from $1,500 to $2,000 a year by a resolution passed by the board of estimate and apportionment and the board of aldermen and approved by the mayor, that being the legal method. The plaintiff thereby became entitled to the said minimum salary of $1,500, but was thereafter paid monthly at the former rate of $1,350, and this action is to recover the difference. No reason is given for withholding part of his salary. That he received the lesser sum does not estop him from claiming his legal due ( Kehn v. State of New York, 93 N.Y. 291).

The judgment should be affirmed.

WOODWARD, JENKS, HOOKER and RICH, JJ., concurred.

Judgment of the Municipal Court affirmed, with costs.


Summaries of

McGrade v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1908
126 App. Div. 362 (N.Y. App. Div. 1908)
Case details for

McGrade v. City of New York

Case Details

Full title:JOSEPH McGRADE, Respondent, v . THE CITY OF NEW YORK, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1908

Citations

126 App. Div. 362 (N.Y. App. Div. 1908)
110 N.Y.S. 517

Citing Cases

Taylor v. Philadelphia

arged or removed at the will of the city authorities (Wagoner v. Phila., 215 Pa. 379, 64 A. 557). Nor will…

Clarkin v. City of New York

March, 1916. The demurrer is sustained as to the second defense and the seventh partial defense on the…