Morrison v. Mack — 260 N.Y. 632

Majority

p. 632

Thomas J. Morrison, Appellant, v. John D. Mack et al., as Water Commissioners of North Gates Water District in the Town of Gates, Respondents.

(Argued October 24, 1932;

decided November 22, 1932.)

Philip M. Liebschutz for appellant.

Charles B. Bechtold for respondents.

Judgment affirmed, with costs. Held, that the water commissioners may sue and be sued only for the breach of a contract entered into by them, pursuant to the Town Law. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Crouch, J.