New York Court of Appeals

Walter B. Gunnison, Respondent v. the Board of Education of the City of New York, Appellant

October 6, 1903176 N.Y. 11

Summary

The New York Court of Appeals affirmed the lower court’s order overturning the demurrer, holding that the Board of Education, not the City of New York, is the proper party defendant in actions by teachers to recover wages. The Court reasoned that the Board is an independent corporate body with statutory authority to administer school funds and to be sued, whereas the City merely holds the funds in trust.