People ex rel. Griffing v. Lister

Citations

• 106 A.D. 61
• 93 N.Y.S. 830

Syllabus

<p>De facto trustees of the town of Southampton—an attorney employed hy them may compel audit of Ms claim.</p> <p>The trustees of the freeholders and commonalty of the town of Southampton have power, under the royal charters granted in 1676 and 1686, to employ counsel, when, in the proper discharge of their duties, the aid of counsel may he deemed to he necessary.</p> <p>Trustees of the freeholders and commonalty of the town of Southampton were elected in April, 1901. Similar trustees were also elected April 1,1902. The trustees elected in 1901, claiming to have been elected for a period of two' years, retained the seal of the town, its books and records, and transacted all the business relating to the trust until April 1, 1903. The validity of their contention depended upon the construction of the Biennial Town Meeting Law (Laws of 1897, chap. 481, as amd.). After April 1, 1902, the trustees elected in 1901 employed an attorney who in the year 1902 performed useful and valuable services in behalf of the town.</p> <p>Held, that the trustees elected in 1901 were, at the time of the employment of the attorney, de Jacto trustees, and that the town was liable for the value of the attorney’s services irrespective of whether or not such trustees were trustees de jure.</p>