Harrigan v. . City of Brooklyn
New York Court of Appeals
Appeal from a judgment of the general term of the city court of Brooklyn overruling demurrer to complaint.
1Opinion of the CourtAndrews, J.
This case is governed by the decision in Howell v. City of Buffalo, 15 N. Y. 512. It was there held that a charter provision in the charter of Buffalo declaring that “ it should be a sufficient bar or answer to any action or proceeding in any court for the collection of any demand or claim (against the city) that it had never been presented to the council for audit or allowance,” did not apply to claims arising ex delicto. The same principle of construction has been applied to statutory provisions prohibiting the allowance of costs in actions against municipal corporations, unless the claim…
2Cases cited5 opinions
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
- Minick v. . City of TroyNew York Court of Appeals · 1881
- Taylor v. . City of CohoesNew York Court of Appeals · 1887
- McClure v. Supervisors of NiagaraNew York Court of Appeals · 1867
3Cited by12 opinions
- Snyder v. City of AlbionMichigan Supreme Court · 1897
- Pulitzer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Manson v. Village of ChisholmSupreme Court of Minnesota · 1919
- Sherman v. Village of OneontaNew York Supreme Court · 1892
- Merz v. City of BrooklynNew York City Court · 1890
7 more not listed; retrieve them via the Exa API.