Lord v. Mayor of New York
New York Supreme Court
Error to the superior court of the city of New-York. During the great fire in the city of New-York, in December, 1835, a building of which Lord was the lessee, being deemed hazardous and likely to take fire &c., was destroyed by order of the mayor, with the consent and concurrence of two aldermen. Lord’s damages were afterwards assessed by inquisition under the statute (2 R. L. 368, § 81,) at $156,274,80, besides expenses.
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Error to the superior court of the city of New-York. During the great fire in the city of New-York, in December, 1835, a building of which Lord was the lessee, being deemed hazardous and likely to take fire &c., was destroyed by order of the mayor, with the consent and concurrence of two aldermen. Lord’s damages were afterwards assessed by inquisition under the statute (2 R. L. 368, § 81,) at $156,274,80, besides expenses. This assessment was confirmed by the New-York C. P., and Lord commenced and action of debt in the court below to recover the amount of the assessment with interest. The…
1Opinion of the Court
By the Court, Cowen, J.
The proceedings under the statute subjecting the corporation of New-York to damages on account of buildings officially destroyed to prevent the spreading of a fire in the city, are in the nature of an action on the case for damages; and the suit remains open for contest on various grounds till confirmation in the court of common pleas of the city. The inquisition is in the nature of a verdict in such an action, and the confirmation stands instead of a judgment. Had the whole been in the common law form, the right of the plaintiff to interest would be easily settled so…
2Cases cited3 opinions
- Klock v. RobinsonNew York Supreme Court · 1839
- People v. GaineNew York Supreme Court · 1806
- Williams v. SmithNew York Supreme Court · 1804