Smith v. Odell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas J. Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Suffolk on the 30th day of August,. 1919, upon the decision of the court, rendered after a trial at the Suffolk Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Mills, J.:
This action was brought by plaintiff, as a taxpayer and inhabitant of the town of Brookhaven in said county, to have declared and set aside as illegal two certain leases which defendant trustees made to William Kreamer of certain parts of the “ Great South Bay * * * for the purpose * * * of the gunning privilege and the right of shooting wild fowl that habit said locality for the term of ten years, from March 1st, one thousand nine hundred and fourteen, at the yearly rental of five hundred ($500.00) dollars per year, to be paid in advance.” (Quoted from the first lease, the other…
2Cases cited4 opinions
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
- Howland v. . WoodruffNew York Court of Appeals · 1875
- People Ex Rel. Cotte v. . GilbertNew York Court of Appeals · 1919
- People ex rel. Cotte v. GilbertAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Stewart v. TurneyNew York Supreme Court · 1921
- Stewart v. TurneyAppellate Division of the Supreme Court of the State of New York · 1922