Legal Opinion

McCutcheon v. Terminal Station Commission

New York Court of Appeals

Decided January 25, 1916PublishedCited by 12 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 16, 1915, affirming a judgment in favor of defendants, respondents, entered upon a dismissal of the complaint by the court on trial at an Equity Term in an action brought by plaintiff as a taxpayer to restrain as wasteful and illegal the execution of a contract made by the defendants Euhrman and others, constituting the terminal station commission, in behalf…

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 16, 1915, affirming a judgment in favor of defendants, respondents, entered upon a dismissal of the complaint by the court on trial at an Equity Term in an action brought by plaintiff as a taxpayer to restrain as wasteful and illegal the execution of a contract made by the defendants Euhrman and others, constituting the terminal station commission, in behalf of the city of Buffalo with the defendant railway companies, also motion on behalf of respondents to dismiss the appeal…

1Opinion of the CourtHiscock, J.

This appeal presents to us for consideration for the first time a contract made in behalf of the city of Buffalo with certain railroad companies by the Buffalo Terminal Station Commission, claiming to act under and in accordance with chapter 842 of the Laws of 1911, entitled “An act creating a railway terminal station commission of the city of Buffalo, defining its powers and authorizing said city to issue its bonds. ” As we are aware, that statute was passed for the purpose of enabling the city of Buffalo to solve problems of great importance created by the entrance into its limits of many…

2Cases cited15 opinions

  1. Talcott v. . City of BuffaloNew York Court of Appeals · 1891
  2. Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
  3. Ziegler v. . ChapinNew York Court of Appeals · 1891
  4. Holloway v. . SouthmaydNew York Court of Appeals · 1893
  5. Matter of Gilbert Elevated Railway Co.New York Court of Appeals · 1877

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3Cited by12 opinions

  1. Stahl Soap Corp. v. City of New YorkNew York Court of Appeals · 1959
  2. Blanshard v. City of New YorkNew York Supreme Court · 1931
  3. E & J Holding Corp. v. NotoAppellate Division of the Supreme Court of the State of New York · 1987
  4. Glen Cove Theatres, Inc. v. City of Glen CoveNew York Supreme Court · 1962
  5. Riley v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1976

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