Starin v. . Edson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term, and which directed judgment for plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term, and which directed judgment for plaintiff. (Reported below, 42 Hun, 549.) This action was brought by plaintiff, as a taxpayer of Hew York city, under the act chapter 531, Laws of 1881, to set aside as illegal a lease made by the commissioners of the sinking fund of two ferry franchises, and the accompanying wharf. The facts, so far as…
1Opinion of the CourtPeckham, J.
We shall assume that there is nothing in the record which in any way precludes the plaintiff from maintaining this action, provided it could be maintained by any taxpayer under the act chapter 531 of the Laws of 1881, entitled “An act for the protection of taxpayers.” We therefore proceed to consider the grounds upon which the plaintiff bases his right to maintain this action. The property which the defendants, the commissioners of the sinking fund, advertised to be sold, was described in such advertisement as “ the franchises of operating the ferries from the city of Hew York to Staten…
2Cases cited3 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Leslie v. . LorillardNew York Court of Appeals · 1888
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
3Cited by12 opinions
- Coit v. City of Grand RapidsMichigan Supreme Court · 1898
- Long Acre Electric Light & Power Co. v. Consolidated Telegraph & Electrical Subway Co.New York Court of Appeals · 1907
- Schinzel v. BestNew York Supreme Court · 1904
- Clark v. LockeNew York Supreme Court · 1890
- Wilkins v. Mayor of New YorkNew York Court of Common Pleas · 1894
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