Cumming v. Mayor of Brooklyn
New York Court of Chancery
This Was an appeal, by the defendants, from a decree of the late assistant vice chancellor of the first circuit. In August, 1836, the complainants contracted with the corporation of Brooklyn, to grade and regulate Hamilton avenue, from Cl inton-street to the GowanUs bridge, in the sixth ward of the city, to be completed by the first of March, 1837; for which the corporation was to pay them at the rate of twenty-one dollars a foot,' when the money should be collected from the…
Read the full summary
This Was an appeal, by the defendants, from a decree of the late assistant vice chancellor of the first circuit. In August, 1836, the complainants contracted with the corporation of Brooklyn, to grade and regulate Hamilton avenue, from Cl inton-street to the GowanUs bridge, in the sixth ward of the city, to be completed by the first of March, 1837; for which the corporation was to pay them at the rate of twenty-one dollars a foot,' when the money should be collected from the assessment which! was to be made for such improvement. By a subsequent! agreement, the price was reduced $6,75 a foot;…
1Opinion of the Court
The Chancellor.
The appellants having the general powers of a corporation, were competent to enter into a general contract with the complainants to grade the Hamilton avenue, between the two points indicated, and to pay them for so doing. The fortieth section of the city chartei gives a general authority to the common council, to cause the streets and avenues and squares, in the first seven wards of the city, and the'fire and watch district, to be graded, levelled, gravelled, paved or macad-amised, and to cause cross-walks to be made, and' drains and sewers to be constructed. And there is…
2Cited by33 opinions
- New Orleans v. WarnerSupreme Court of the United States · 1899
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
28 more not listed; retrieve them via the Exa API.