Smith v. . City of Newburgh
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts appear sufficiently in the opinion. The defendant’s common council had not power ■ to make the lease in suit, and the rent being in excess of $10,000, and not having been authorized by a vote of taxpayers, it is void.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts appear sufficiently in the opinion. The defendant’s common council had not power ■ to make the lease in suit, and the rent being in excess of $10,000, and not having been authorized by a vote of taxpayers, it is void. (Laws of 1867, chap. 88, §§ 4, 5; Ellis v. Mayor, etc., 1 Daly, 102.) The lease being void for want of authority in the common council to…
1Opinion of the CourtMiller, J.
This action was brought to recover $750 and interest, for rent upon a lease made by the plaintiff to the defendant, for a certain parcel of land in the city of Newburgh for the term of twenty years, atan annual rent of $1,500, for the first ten years, and $2,100 for the next ten years, payable semi-annually, with the privilege to the city to purchase the property at $30,000 at any time during the term. The lease was made upon the recommendation of the water commissioners to the common council of said city, for the purpose of constructing a distributing reservoir upon the premises. The…
2Cases cited6 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Brown v. Mayor of New YorkNew York Court of Appeals · 1875
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
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3Cited by35 opinions
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- McBrian v. City of Grand RapidsMichigan Supreme Court · 1885
- Lutzken v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1959
- State v. YoungSupreme Court of Iowa · 1907
- Gutta Percha & Rubber Manufacturing Co. v. Village of OgalallaNebraska Supreme Court · 1894
30 more not listed; retrieve them via the Exa API.