Roosevelt v. Draper
New York Supreme Court
Demurrer to complaint. This action was brought by an individual plaintiff, describing himself as a resident, tax-payer, citizen, and creditor of the city of If ew York, against Joseph B. Varnum, Simeon Draper, Robert B. Coleman, and the Mayor, Aldermen, and Commonalty of the city of Blew York.
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Demurrer to complaint. This action was brought by an individual plaintiff, describing himself as a resident, tax-payer, citizen, and creditor of the city of If ew York, against Joseph B. Varnum, Simeon Draper, Robert B. Coleman, and the Mayor, Aldermen, and Commonalty of the city of Blew York. The object of the action was to obtain the cancellation of a grant- of land and land under water, executed by the corporate authorities upon a sale for valuable consideration to the defendant Varnum. The defendant Coleman was made a party as subsequent grantee of an undivided half of the premises in…
1Opinion of the Court
Balcom, J.*
—-My views in this case are briefly as follows : If it be conceded that the deed from the Mayor of the city of ¡New York to the defendant Varnnm is voidable or void, still the plaintiff cannot sustain this action. He cannot maintain it as a creditor of the city, for the reason that the stock he holds is not due, and the city has not made default in the payment of any interest thereon; and he has no lien upon the land in question. The law confers no authority upon the plaintiff to prosecute this action for any person other than himself, and his interest as a tax-payer of the city is…
2Cases cited12 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Davis & Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- Christopher & Tilton v. MayorNew York Supreme Court · 1852
- Milhau v. SharpNew York Supreme Court · 1854
- Wetmore v. StoryNew York Supreme Court · 1856
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3Cited by3 opinions
- People v. Mayor of New YorkNew York Supreme Court · 1860
- Messeck v. Board of SupervisorsNew York Supreme Court · 1867
- People v. TweedNew York Supreme Court · 1872