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Matter of Poucher v. Teachers' R. Board

Court of Appeals of the State of New York
Nov 27, 1928
164 N.E. 335 (N.Y. 1928)

Opinion

Argued November 19, 1928

Decided November 27, 1928

Appeal from the Supreme Court, Appellate Division, First Department.

George P. Nicholson, Corporation Counsel ( J. Joseph Lilly, Willard S. Allen and William E.C. Mayer of counsel), for appellant. J.M. Cohen for respondent.


An application by a teacher for service retirement under Greater New York charter (Sec. 1092, subd. K) is not effective until delivered, and such delivery does not result from a mere deposit in the mails ( Crown Point Iron Co. v. AEtna Insurance Co., 127 N.Y. 608; Peabody v. Satterlee, 166 N.Y. 174).

The order of the Appellate Division and that of the Special Term should be reversed and the application denied with costs in all courts.

CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ., concur.

Orders reversed, etc.


Summaries of

Matter of Poucher v. Teachers' R. Board

Court of Appeals of the State of New York
Nov 27, 1928
164 N.E. 335 (N.Y. 1928)
Case details for

Matter of Poucher v. Teachers' R. Board

Case Details

Full title:In the Matter of TIMOTHY D. POUCHER, as President of the FEDERATION OF…

Court:Court of Appeals of the State of New York

Date published: Nov 27, 1928

Citations

164 N.E. 335 (N.Y. 1928)
164 N.E. 335

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