Legal Opinion
Interborough Rapid Transit Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1937Published
1Opinion of the CourtCallahan, J.
The plaintiff’s predecessor in interest in 1902 entered into a contract (commonly known as contract No. 2) with the defendant city, for the construction, equipment and operation of a rapid transit railway in the city of New York. Among the provisions contained therein was one that the “ contractor ” would pay to the city as “ rent ” for the railway system, an annual sum equal to the interest payable by the city upon all bonds which were issued by it to provide funds for construction of the railroad.
Contract No. 2 was modified in 1905 in numerous respects. Provision was made for the…
2Cases cited4 opinions
- Sears, Roebuck & Co. v. 9 Avenue-31 Street Corp.New York Court of Appeals · 1937
- Town of Phoebus v. Manhattan Social ClubSupreme Court of Virginia · 1906
- Burnham v. Town of StraffordSupreme Court of Vermont · 1881
- Matthews v. William Frank Brewing Co.New York Supreme Court · 1899