New York Court of Appeals

The City of Albany, Respondent v. John W. McNamara

November 26, 1889117 N.Y. 168

Summary

The New York Court of Appeals reversed the lower court’s judgment, holding that a person who receives charitable aid as a poor sick individual without having made an express or implied request is not liable to repay the money expended on his or her behalf. The Court further held that the presumption of regularity of official acts does not apply to the jurisdictional fact of whether a request for aid was made, and that recovery of money paid for another requires proof of such a request.