Ketchum v. City of Buffalo
New York Supreme Court
IN December, 1858, the city of Buffalo purchased of the defendant Austin certain real estate in the city, for the purpose of erecting thereon a market. Austin, by deed bearing date December 27, granted and conveyed the land to the city. The deed was duly delivered by Austin and accepted by the city.
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IN December, 1858, the city of Buffalo purchased of the defendant Austin certain real estate in the city, for the purpose of erecting thereon a market. Austin, by deed bearing date December 27, granted and conveyed the land to the city. The deed was duly delivered by Austin and accepted by the city. The consideration upon such purchase was '$>35,000, and the city, by its mayor, executed and delivered to Austin an instrument declaring that the city owed to the bearer $35,000, bearing interest at the rate of 7 per cent, payable semi-annually, at the comptroller’s office in the city, and the…
1Opinion of the CourtMarvin, J.
The first question to be considered is, has the city of Buffalo power to contract for, purchase, take and hold the real estate in question for the purposes of a market ? This power is denied by the plaintiffs. By the charter of 1832, the common council of the city of Buffalo was authorized “ to establish and regulate a market or markets in said city, and to restrain and regulate the sale of fresh meat and vegetables in said city.” By the act of 1843, consolidating and amending the act to incorporate the city, passed in 1832, and the various acts amendatory thereof, it is declared that the…
2Cases cited2 opinions
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
3Cited by3 opinions
- People ex rel. Taylor v. BrennanNew York Supreme Court · 1863
- People v. LowberNew York Supreme Court · 1858
- In Re the Claim of LazarusNew York Court of Appeals · 1945