Ganson v. City of Buffalo
New York Court of Appeals
Henry B. Gibson (for whom, on his death pending the action John Ganson and others, executors, were substituted), brought this action, in the superior court of Buffalo, against the city of Buffalo, to recover a sum of money awarded him as compensation for land taken by the city for the purposes of a ship canal. On the trial the following facts were found.
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Henry B. Gibson (for whom, on his death pending the action John Ganson and others, executors, were substituted), brought this action, in the superior court of Buffalo, against the city of Buffalo, to recover a sum of money awarded him as compensation for land taken by the city for the purposes of a ship canal. On the trial the following facts were found. No petition or application whatever was presented to the common council, asking for, or consenting to, the construction of the canal, or the taking of land for it; but on April 20, 1857, the city council adopted a resolution, declaring their…
1Opinion of the Court
By the Court.
Davies, J.
It is insisted on the part of the defendant that the order amending the original order for the appointment of the commissioners was improperly admitted in evidence. The original order named Joseph G. Hoyt as one of the commissioners. Under that order James G. Hoyt took the oath of office prescribed for the commissioners, and acted as such, and made and signed the report which was confirmed. It is clear that he was the person intended, and who acted, and who was, in fact, the person appointed. There is no evidence in the case that there was any such person as Joseph G.…
2Cases cited8 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- Lake v. Trustees of the Village of WilliamsburghNew York Supreme Court · 1847
- Hunt v. . City of UticaNew York Court of Appeals · 1858
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3Cited by1 opinion
- Sage v. . City of BrooklynNew York Court of Appeals · 1882