Village of Phoenix v. . Gannon
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 28, 1908, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 28, 1908, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. Prior to December 27th, 1902, one G. Adolph Manz made application in writing to the board of trustees of the plaintiff, the Village of Phcenix, for permission to construct a street surface railroad in the streets of the village. Eotice of the application was duly published in two newspapers, as required by section 92 of the…
1Opinion of the CourtWerner, J.
For the purposes of this discussion it may be assumed that this action cannot be maintained if the franchise is void. The bond upon Avliich the suit was brought was given to insure the proper completion of the road in accordance with the terms and conditions of the franchise. If the franchise was invalid, there was no consideration for the bond, and both failed to become effective. In seeking to determine the validity of the bond it may properly be considered as an integral part of the one transaction which must stand or fall in its entirety.
The question whether a municipality can grant to an…
2Cases cited5 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Fanning v. . OsborneNew York Court of Appeals · 1886
- Beekman v. . Third Avenue R.R. Co.New York Court of Appeals · 1897
- Parker v. Elmira, Cortland & Northern RailroadNew York Court of Appeals · 1901
- G. W. Ry. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
3Cited by5 opinions
- City of New York v. . BryanNew York Court of Appeals · 1909
- Bradley v. Degnon Contracting Co.New York Supreme Court · 1913
- New York Terminal Co. v. GausAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Westchester Street Railroad v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1913
- Trojan Railway Company v. . MannNew York Court of Appeals · 1909