Legal Opinion

Smith v. City of Buffalo

New York Supreme Court

Decided March 15, 1887Published

Appeal from a judgment of the Erie County Court, entered on a verdict in favor of the plaintiff directed by the court.

1Opinion of the Court

Smith, P. J. :

Action to recover for several jobs of work done by plaintiff’s assignors, at defendant’s request, in and about certain local improvements in the defendant city. Claims for the work were duly presented to the common council of the city, who audited and allowed the same and ordered assessments to be made therefor, at different times between the 2d of July, 1883, and the 15th of December, 1881, inclusive. The gist of the action, as alleged in the complaint, is that the defendant neglected and refused to make or confirm the assessments ordered, or to pay for the work, or to make any…

2Cases cited9 opinions

  1. The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
  2. McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
  3. Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
  4. Lake v. Trustees of the Village of WilliamsburghNew York Supreme Court · 1847
  5. Hunt v. . City of UticaNew York Court of Appeals · 1858

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