Kramrath v. . City of Albany
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed, a judgment in favor of plaintiff entered upon a decision of the County Court of Albany county on trial without a jury. This was an action for goods sold and delivered. On February 10,1886, the city hall in Albany was destroyed by fire.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed, a judgment in favor of plaintiff entered upon a decision of the County Court of Albany county on trial without a jury. This was an action for goods sold and delivered. On February 10,1886, the city hall in Albany was destroyed by fire. On February twelfth the common council of the city passed the following resolution, which was duly approved by the mayor: “Resolved, That the name of the city building be and the same hereby is changed to city…
1Opinion of the CourtBbown, J.
The facts found by the learned trial court fully sustain the judgment in this action.
The fourth finding that “ the committee on public buildings set apart and ordered to be fitted up in the city building rooms for the use of said officers,” was not excepted to, and is conclusive upon this court in our consideration of the case. We need not inquire, therefore, whether it had evidence to support it or not.
The power delegated to the committee by the resolution of the common council was “ to set apart and fit up rooms for the use of city officers who had been left without any office room by…
2Cases cited6 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Harlem Gas Co. v. . Mayor, C., of N.Y.New York Court of Appeals · 1865
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
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3Cited by44 opinions
- Mayor of Baltimore v. WollmanCourt of Appeals of Maryland · 1914
- Schweiker v. HusserIllinois Supreme Court · 1893
- Peck-Williamson Heating & Ventilating Co. v. Steen School TownshipIndiana Court of Appeals · 1903
- Hurdis Realty, Inc. v. Town of North ProvidenceSupreme Court of Rhode Island · 1979
- McLachlin v. Village of WhitehallAppellate Division of the Supreme Court of the State of New York · 1906
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