Denny v. City of Spokane
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the District of Washington. This action was brought by appellant against appellee to recover Judgment against it on certain street-grade warrants issued in settlement of various contracts entered into by. it prior to October, 1889, for the purpose of grading the public streets of the- city; the gravamen of the action being the neglect and failure of the officers of appellee to create a fund out of…
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Appeal from the Circuit Court of the United States for the Eastern Division of the District of Washington. This action was brought by appellant against appellee to recover Judgment against it on certain street-grade warrants issued in settlement of various contracts entered into by. it prior to October, 1889, for the purpose of grading the public streets of the- city; the gravamen of the action being the neglect and failure of the officers of appellee to create a fund out of which to pay said claims. The defense is that the officers have done all in their power to create the fund, and that…
1Opinion of the CourtHawley, District Judge
(after stating tlie facts). Upon the foregoing facts there are but two questions to be decided: (1) Was the city of Spokane negligent in not earlier creating a fund out of which appellant’s warrants are payable? (2) Did the city of Spokane have power, at the time it entered into the contract with Massey, to make a contract, the result of which, if performed, would render the city liable for the grading of the streets?
1. If the city was negligent in failing to provide a fund out of which the warrants issued by it could be paid within a reasonable time, it is liable for any damages which the…
2Cases cited19 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- Winston v. City of SpokaneWashington Supreme Court · 1895
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
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3Cited by10 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- City of Mankato v. Barber Asphalt Paving Co.Court of Appeals for the Eighth Circuit · 1905
- Broad v. City of MoscowIdaho Supreme Court · 1908
- Intermela v. PerkinsCourt of Appeals for the Ninth Circuit · 1913
5 more not listed; retrieve them via the Exa API.