Francis X. McQuade, Respondent v. Charles A. Stoneham, Appellants

Summary

The New York Court of Appeals reversed the Appellate Division and trial court, holding that the agreement to keep McQuade as treasurer at a fixed salary was void as contrary to public policy and illegal under the statute barring a city magistrate from such employment. Accordingly, the complaint for specific performance and damages was dismissed. Justice Lehman, in a concurring opinion, agreed with the reversal but disagreed with the majority's first ground.