Mayor v. Eighth Avenue Railroad
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 March 2, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court on trial at circuit. The nature of the action and the facts are sufficiently stated in the opinion.
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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 March 2, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court on trial at circuit. The nature of the action and the facts are sufficiently stated in the opinion. Whatever may have been the previous liability of the defendant for license fees, the act of 1874 (chap. 478), was in words or in substance a new charter granted to the defendant by the state for a consideration, to-wit, the extension of the defendant’s railroad and…
1Opinion of the CourtHaight, J.
This action was brought to recover the amount of license fees alleged to have become due to the plaintiff for or in respect to passenger cars run by the defendant on its railroad, in the city of Rew York, during the years 1875 to 1881 inclusive.
The defense was, that the Legislature had relieved the defendant from any obligation to pay such license fees.
On the 6tli day of September, 1851, the plaintiff entered into a contract with John Pettigrew and others, as parties of the second part, in and by which they were given the authority and consent of the common council to lay a double-track…
2Cases cited2 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Mayor, Etc. v. . B'way, Etc., R.R. Co.New York Court of Appeals · 1884
3Cited by3 opinions
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Potter v. CollisAppellate Division of the Supreme Court of the State of New York · 1897
- Clarke v. Mercantile Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905