McConnell v. Allen
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Samuel P. McConnell, from a judgment of the Supreme Court in. favor of the defendants, entered in the office of the clerk of the county of Westchester on the 23d day of July, 1906, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits. ■ This action .was brought under the provisions of chapter 301 of the Laws of 1892 to restrain the proposed expenditure by the defendants,…
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. Appeal by the plaintiff, Samuel P. McConnell, from a judgment of the Supreme Court in. favor of the defendants, entered in the office of the clerk of the county of Westchester on the 23d day of July, 1906, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits. ■ This action .was brought under the provisions of chapter 301 of the Laws of 1892 to restrain the proposed expenditure by the defendants, composing the town board of the town of Cortlandt, of a sum of money in. the improvement of a public highway in said town.…
1Opinion of the Court
Miller, J.:
I think it reasonably clear that the moneys which are the subject of this controversy were paid to the town by the city of New York as damages for the increased obligation imposed upon the town for maintenance of the highways substituted for those submerged, and not for the purpose of creating a trust fund to provide for said maintenance, as contended by the appellant. The town and the city recognized that the latter was .not bound to maintain said substituted highways, and it had so been held (Matter of Gilroy, 43 App. Div. 359; affd., 164 N. Y. 576), but the increased expense of…
2Cases cited1 opinion
- In re GilroyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- Douglas v. EdwardsCourt of Appeals for the Second Circuit · 1924
- Lawrence v. American Surety Co.Michigan Supreme Court · 1933
- Foster v. TaylorSupreme Court of South Carolina · 1947
- State ex rel. Delgado v. SargentNew Mexico Supreme Court · 1913
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912