Legal Opinion

Patterson v. . City of Binghamton

New York Court of Appeals

Decided November 30, 1897PublishedCited by 6 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 30, 1896, which affirmed a judgment dismissing the complaint entered upon a decision of the court on trial at Circuit, a jury having been waived. This action was commenced in the name of Edward J. Patterson and Jennie Patterson, plaintiffs. Thereafter Jennie Patterson died, intestate, bearing the name of Jennie Patterson Townsend by marriage.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 30, 1896, which affirmed a judgment dismissing the complaint entered upon a decision of the court on trial at Circuit, a jury having been waived. This action was commenced in the name of Edward J. Patterson and Jennie Patterson, plaintiffs. Thereafter Jennie Patterson died, intestate, bearing the name of Jennie Patterson Townsend by marriage. Edward J. Patterson was appointed her administrator, and his personal interest was transferred to the administrator, and Edward J.…

1Opinion of the CourtBartlett, J.

The duly constituted authorities of the city of Binghamton, in the year 1891, continued Henry street from Washington to Water streets, this work being known as the Henry street extension. Among other lands condemned for this purpose was a portion of the premises of the plaintiffs. This action is brought to recover the award in the condemnation proceedings.

The original answer in this case contained substantially an agreed state of facts, to which the plaintiffs demurred as not containing a defense.

The issue of law on this demurrer resulted in a decision in plaintiffs’ favor, with leave to…

2Cases cited1 opinion

  1. Patterson v. City of BinghamtonNew York Supreme Court · 1895

3Cited by6 opinions

  1. In re Mayor, Aldermen, & Commonalty of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
  2. Woodward-Brown Realty Co. v. City of New YorkNew York Court of Appeals · 1923
  3. Binghamton Opera House Co. v. City of BinghamtonNew York Court of Appeals · 1898
  4. In re Nassau County Relative to Acquiring Title to BrookAppellate Division of the Supreme Court of the State of New York · 1951
  5. Southern New England Railway Co. for Condemnation of Certain LandsSupreme Court of Rhode Island · 1916

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