King v. City of Brooklyn
New York Supreme Court
PPEAL from a judgment of the city court of Brooklyn, entered upon the report of & referee. The plaintiffs alleged, in their complaint, that in and by an act of the legislature of this state, passed April 17, 1861, entitled “An act to amend an act entitled an act to provide for the widening of Fourth avenue in the city of Brooklyn, and to establish a public drive and promenade on said avenue, passed April 12, 1860,” Henry A. Kent and four other persons were appointed…
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PPEAL from a judgment of the city court of Brooklyn, entered upon the report of & referee. The plaintiffs alleged, in their complaint, that in and by an act of the legislature of this state, passed April 17, 1861, entitled “An act to amend an act entitled an act to provide for the widening of Fourth avenue in the city of Brooklyn, and to establish a public drive and promenade on said avenue, passed April 12, 1860,” Henry A. Kent and four other persons were appointed commissioners to lay out and regulate saiti Fourth avenue as a drive and public promenade, and invested as a board of…
1Opinion of the Court
By the Court,
J. F. Barnard, J.
Is the city of Brooklyn liable on the contract under which this judgment was obtained ? The contract was not made by the municipal authorities. It was not made by any person appointed by the city, or at their request, or with their assent.
The legislature, by law, widened the Fourth avenue in the city of Brooklyn, and appointed a board of commissioners, with power to open and work the same, and until the same was completed all power over the avenue was taken from the common council and given to the commissioners. They may expend $300,000, and no more, which is to…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Baker v. . City of UticaNew York Court of Appeals · 1859
3Cited by4 opinions
- People ex rel. Cranford Co. v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1912
- Greaton v. GriffinNew York Supreme Court · 1868
- New York & Brooklyn Saw-Mill & Lumber Co. v. City of BrooklynNew York Supreme Court · 1876
- Sage v. . City of BrooklynNew York Court of Appeals · 1882