Kuhn v. . Knight
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 26,1906, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The consent of the common council is illegal because it does not contain the condition that the franchise shall be sold at public auction.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 26,1906, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The consent of the common council is illegal because it does not contain the condition that the franchise shall be sold at public auction. (L. 1890, ch. 565, § 93.) The alleged consent of the local authorities is no consent at all, because it is indefinite, uncertain,…
1Opinion of the CourtWillard Bartlett, J.
This is a taxpayer’s suit attacking the validity of consents given by the common council and the board of park commissioners of the city of Buffalo to the construction of certain street railroad extensions by the International Kailway Company in the city of Buffalo. These consents are alleged to have been unlawful: (1) Because they did not contain a condition that the right, privilege and franchise to use the streets to which they referred for the purpose of constructing a street railway therein be sold at public auction to the bidder who will agree to give to the city the largest percentage…
2Cited by5 opinions
- Matter of International Ry. Co. v. . RannNew York Court of Appeals · 1918
- New York Ontario & Western Railway Co. v. GriffinNew York Court of Appeals · 1923
- Trojan Railway Co. v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1908
- State Bank v. BellNew York Supreme Court · 1949
- Goldstein v. Standard Accident Insurance Co. of DetroitAppellate Division of the Supreme Court of the State of New York · 1922