Richmond County Society for Prevention of Cruelty To Children v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from that portion of an interlocutory judgment of the Supreme Court, partly in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 16th day of September, 1901, upon the decision of the court, rendered after a trial at the Richmond Special Term, overruling the defendant’s demurrer to che third and fourth causes of action set forth in the complaint.
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Appeal by the defendant, The City of New York, from that portion of an interlocutory judgment of the Supreme Court, partly in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 16th day of September, 1901, upon the decision of the court, rendered after a trial at the Richmond Special Term, overruling the defendant’s demurrer to che third and fourth causes of action set forth in the complaint. The third cause of action repeats the following paragraphs of the first cause of action : Paragraph 1. “That the plaintiff is, and at all times hereinafter stated…
1Opinion of the Court
Willard Bartlett, J.:
The basis of the defendant’s demurrer is the proposition that under section 14 of article 8 of the Constitution, and under section 661 of the Greater New York charter (Laws of 1897, chap. 378), the city is without power to make such a contract for the board of destitute and dependent children as it is alleged to have made in the third and fourth causes of action set out in the complaint.
The Constitution prohibits payments by counties, cities, towns or villages to charitable, eleemosynary, correctional or reformatory institutions, wholly or partly under private control,…
2Cases cited2 opinions
- Taylor v. Mayor of New YorkNew York Court of Appeals · 1876
- Keating v. American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Thomas Gordon Malting Co. v. Bartels Brewing Co.New York Court of Appeals · 1912
- Emigrant Industrial Savings Bank v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1944
- F. V. Smith Contracting Co. v. City of New YorkNew York Supreme Court · 1910
- O'Reilly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1923