Village of Phœnix v. Gannon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William P. Gannon and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 3d day of September, 1907, upon the decision of the court' rendered after a trial at the Oswego Trial Term, a jury having been waived.
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Appeal by the defendants, William P. Gannon and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 3d day of September, 1907, upon the decision of the court' rendered after a trial at the Oswego Trial Term, a jury having been waived. The action was commenced on the 10th day of August, 1905, to recover upon a bond of $1,000 executed by the defendants Gannon and Connette as principals, and the defendant company as surety, to the plaintiff, conditioned, among other things, that a street surface railroad…
1Opinion of the Court
McLennan, P. J.:
The only ' question presented by this appeal is whether or not a consent or franchise given by the local authorities of a municipality to an individual to construct and operate a surface railroad through and upon the streets in such municipality has any validity so as to confer any rights upon such individual. Clearly if such consent or franchise is void and no rights are conferred thereby, there is no consideration for an agreement to carry out and perform the provisions and conditions thereof. .
It' is elementary, as . stated in the first point in appellants’ brief, that the…
2Cases cited7 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Milhau v. . SharpNew York Court of Appeals · 1863
- 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
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3Cited by3 opinions
- Trojan Railway Co. v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1908
- Bradley v. Degnon Contracting Co.New York Supreme Court · 1913
- Trojan Railway Co. v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1908