Kent v. Common Council of Binghamton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George A. Kent, an abutting owner on Court street and a taxpayer of the city of Binghamton, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of .Broome on the 10th day of December, 1900, upon the decision of the court rendered after a trial at the Broome Special Term dismissing the complaint.
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Appeal by the plaintiff, George A. Kent, an abutting owner on Court street and a taxpayer of the city of Binghamton, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of .Broome on the 10th day of December, 1900, upon the decision of the court rendered after a trial at the Broome Special Term dismissing the complaint. On March 24, 1890, the Binghamton Street Railroad Company was formed by a consolidation of four of the separate corporations operating surface street railroads in Binghamton. Among the street railroads not included…
1Opinion of the Court
Edwards, J.:
It was held by the trial court that the agreement of April 26,1892, between the city of Binghamton and the Binghamton Street Railroad Company and the Binghamton and Port Dickinson Railroad Company, as legalized by the special act of the Legislature, passed March 28, 1893, is a valid and binding obligation on the parties. '
It was also held that the terms and provisions of the contract apply to the paving of Court street, between Liberty street and Carroll street, in Binghamton, N. T.
In the latter conclusion I am 'unable to concur.
At the time of the making of the contract the Court…
2Cases cited1 opinion
- Conway v. . City of RochesterNew York Court of Appeals · 1898
3Cited by2 opinions
- Kent v. Common CouncilNew York Supreme Court · 1903
- Kent v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1902