Bush v. Coler
New York Supreme Court
Motion fox an injunction, in an action by a taxpayer, to restrain payment or collection of a judgment against the city. • Motion for a mandamus to enforce payment by the comptroller of said judgment.
1Opinion of the CourtPryor, J.
In an action against the city, the corporation counsel, deeming a defense impossible, made an offer of judgment for less than half the claim, upon which being accepted, the judgment in controversy was entered. The contention of the comptroller is that, without his concurrence, an offer of judgment is not within the competence of the corporation counsel. It is a cardinal principle of the American commonwealth that public officers act by a delegated authority; and I am to determine from the provisions of the city charter, whether it confers the power in question upon the corporation counsel. It…
2Cited by6 opinions
- O'Brien v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Beechwood Gun Club, Inc. v. City of BeaconNew York Supreme Court · 1933
- O'Brien v. Mayor of New YorkNew York Supreme Court · 1898
- In re the Accounting of PiattiNew York Supreme Court · 1899
- Bush v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
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