Sylvia Lake Co. v. Northern Ore Co.

• Decision Date: 24 February 1926
• Citation: 151 N.E. 158,242 N.Y. 144
• Parties: SYLVIA LAKE CO., Inc., et al. v. NORTHERN ORE CO. et al.
• Court: New York Court of Appeals Court of Appeals

242 N.Y. 144

151 N.E. 158

SYLVIA LAKE CO., Inc., et al.

v.NORTHERN ORE CO. et al.

Court of Appeals of New York.

Feb. 24, 1926.

Action by the Sylvia Lake Company and others against the Northern Ore Company and others. From a judgment of the Appellate Division (209 N. Y. S. 930, 214 App. Div. 751), unanimously affirming a judgment in favor of defendants, entered on an order of the Special Term granting motions for judgment on the pleadings, plaintiffs appeal by permission.

Affirmed.

Appeal from Supreme Court, Appellate Division, Third Department.

Alfred G. Reeves and Alton B. Parker, both of New York City, and James C. Dolan, of Gouverneur, for appellants.

Francis E. Cullen, of Watertown, for respondents.

McLAUGHLIN, J.

[1] We are of the opinion that the judgment and orders appealed from should be affirmed, notwithstanding the claim of the appellants that they are invalid if they were rendered by Justice Borst after he became 70 years of age. Whatever may be said of his assuming to act after he became 70 years of age, he was, at least so far as third parties are concerned, a de facto justice. He was elected at the general election held in November, 1913, for a term of 14 years, or until the 31st day of December next succeeding the time when he became 70 years of age. Within 10 days after the 1st day of January immediately following his election, he, as appears from the record and from the appellants' brief, in pursuance of section 23 of the Judiciary Law (Consol. Laws, c. 30), filed in the office of the secretary of state a certificate stating that he had accepted the office of Justice of the Supreme Court and taken the oath as required by the Constitution and laws of the state, and certifying that he was 56 years of age on the 6th of July, 1913, and that his official term would expire by the completion of a full terms prescribed in the Constitution on the 31st of December, 1927. This certificate was on file in the office of secretary of state at the time each of the interlocutory judgments and orders referred to in the complaint was rendered. It was a public document, and third parties, so long as the same remained on file, had a right to rely upon the truth of the statements therein contained. It was a well-known fact that Justice Borst had been elected to the office of Justice of the Supreme Court. He assumed to act and to discharge the duties pertaining to such office. Litigants had a right to rely upon the fact that he was qualified to discharge the duties pertaining to the office and that his acts in that respect were valid.

[2] A de...