Simson v. . Parker
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 8, 1906, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The contract is not authorized by the city’s charter. (L. 1905, ch. 357, tit. 20, § 19 ; Cooper v. City of Brooklyn, 11 App.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 8, 1906, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The contract is not authorized by the city’s charter. (L. 1905, ch. 357, tit. 20, § 19 ; Cooper v. City of Brooklyn, 11 App. Div. 71; 160 N. Y. 657; Haupt's Appeal, 3 L. R. A. 536 ; Bly v. W. D. M. W. Co., 197 Penn. St. 80 ; Quincy v. Boston, 148 Mass. 389 ; Elliott on Mun. Corp. 139 ; Smith on Mun.…
1Opinion of the Court
Cullen, Ch. J.
This action is brought by a taxpayer of the city of Tonawanda to have a certain contract between the board of public works of said city and the Jewett Company, a manufacturing corporation, whose works and plants are situated without the city limits, for a supply of water to said plants and works, adjudged illegal, void and a waste of the city’s property, and to have all parties enjoined from acting thereunder. At the time of the execution of the contract the city of Tonawanda had, as found by the courts below, water works and a plant of sufficient capacity and equipment to…
2Cited by14 opinions
- Western New York Water Co. v. City of BuffaloNew York Court of Appeals · 1926
- Merritt-Chapman & Scott Corporation v. Public Utility District No. 2 of Grant County, WashingtonCourt of Appeals for the Second Circuit · 1963
- Speas v. Kansas CitySupreme Court of Missouri · 1931
- Town Board v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1964
- Johnson City v. WeeksTennessee Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.