Mayor, Etc., of N.Y. v. . Third Ave. R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This action was commenced November -8, 1875, to recover of defendant an annual license fee of $20 for each car run by it during the years 1860 to 1874, inclusive.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This action was commenced November -8, 1875, to recover of defendant an annual license fee of $20 for each car run by it during the years 1860 to 1874, inclusive. The action is based upon a resolution of plaintiff’s common council and an agreement based thereon. The resolution passed December 18, 1852,…
1Opinion of the CourtDanforth, J.
The inquiry is as to the construction of certain resolutions passed by the plaintiff’s common council, December 18, 1852, accepted by Van Schaick and others, the defendant’s assignors, and which formed the basis of an agreement between the mayor, aldermen and commonalty of the city of New York of one part, and Van Schaick and his associates of the second part. Those resolutions conferred a right to construct, run and operate the defendant’s railroad (People ex rel. Third Ave. Railroad Co. v. Newton, 112 N. Y. 396), and the present action is brought to enforce pay ment of the consideration to…
2Cases cited1 opinion
- People Ex Rel. Third Ave. R.R. Co. v. . NewtonNew York Court of Appeals · 1889
3Cited by5 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Bruce Transfer Co. v. JohnstonSupreme Court of Iowa · 1939
- Bryce v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1903
- City of New York v. Third Avenue RailroadNew York Supreme Court · 1904
- Covington & Cincinnati Bridge Co. v. South Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1892