Mayor of New York v. Price
The Superior Court of New York City
This action was brought on a bond executed to the plaintiff, by Price, as principal, and the defendants as his sureties, conditioned to pay $9500, the rent, reserved in a lease made by plaintiffs to Price, for one year from May 1,1847, of the wharf-age of any of plaintiffs’ wharves in the North river, from the ferry to Hoboken, at the foot of Hoboken street, excepting certain specified docks and slips.
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This action was brought on a bond executed to the plaintiff, by Price, as principal, and the defendants as his sureties, conditioned to pay $9500, the rent, reserved in a lease made by plaintiffs to Price, for one year from May 1,1847, of the wharf-age of any of plaintiffs’ wharves in the North river, from the ferry to Hoboken, at the foot of Hoboken street, excepting certain specified docks and slips. The plaintiffs reserved the end of the pier at the foot of Watts street, “ as a place for depositing manure from the 5th of December, ’47, to the 15th of April, ’48.” The lease provided that…
1Opinion of the Court
By the Court.
Bosworth, J.
The appeal brings up for review decisions of the judge at the trial, his refusals to charge as requested, and the exception taken to the charge made. If *545it be assumed that on the facts proved, the defendants were entitled to a deduction from the amount of rent stipulated, still the judge correctly refused to charge as first requested, that no action would lie for the amount justly owing, until the sum to be deducted was fixed and liquidated by the comptroller and the finance committee of both boards of the common council.
The only case for which it is provided that any…
2Cited by4 opinions
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1898
- Hall v. BestonNew York Supreme Court · 1896
- Pratt v. . OgdenNew York Court of Appeals · 1865
- Kerr v. West Shore RailroadNew York Supreme Court · 1888