County of Allegany v. Snyder

Headnote

Officers — county clerk ■ — fees — action by county to recover sum collected as fees by county clerk.

County of Allegany v. Snyder, 214 App. Div. 810 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 28, 1925, unanimously affirming a judgment in favor of plaintiff entered upon an order of Special Term granting a motion for judgment on the pleadings. The action was brought by the county of Allegany to recover from the defendant certain compensation received by him during the year 1922, while serving as Allegany county clerk, the office being a salaried one, for the registering and issuing of motor vehicle license plates, amounting in all to the sum of $716.40 which was alleged in the compilaint to belong to the plaintiff. The answer admitted the receipt of such compensation by the defendant, denied that the same belonged to the plaintiff and alleged that such compensation was received by the defendant as an individual only acting for and as agent of the State Tax Commission under and pursuant to the provisions of section 283-a of the Highway Law of the State of New York, in force at the time such compensation was paid.