Francis Swift, Appellant and Respondent v. the Mayor, Aldermen and Commonalty of the City of New York, Respondent…

Summary

The Court held that the police department of New York City is not a body corporate and cannot be sued, that the City itself is liable for the street‑cleaning obligations incurred by the police department and must honor a trust fund created for the plaintiff's claim, and that the plaintiff's employment was not subject to the charter's Section 91 bidding requirements. Accordingly, the judgments against the police department and in favor of the City were reversed and a new trial was ordered.