Powell v. Trustees
New York Supreme Court
THIS was a special action on the case, tried at the Orange circuit, in 1820, before Mr. Justice Woodworth. The declaration contained the usual money counts. The following facts appeared in the case, which was agreed to by the par-1 r ’ a jJ . r ties, and made subject to the opinion of the Court. In ___n „ — , r , ..
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THIS was a special action on the case, tried at the Orange circuit, in 1820, before Mr. Justice Woodworth. The declaration contained the usual money counts. The following facts appeared in the case, which was agreed to by the par-1 r ’ a jJ . r ties, and made subject to the opinion of the Court. In ___n „ — , r , .. May term, 1816, George Gardner commenced an action in this Court against the plaintiffs, who were then trustees of the village of Newburgh, for illegally and maliciously, as commissioners of streets and highways, in the said village, discontinuing a highway and street, and…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. On the argument of the cause, I confess the inclination of my mind Was strongly against the plaintiff’s right to recover ; but subsequent reflection and examination has led me to a different conclusion.
I will state some adjudged cases, that bear strong analogy to the present, and then deduce some general rules from, them. In Ramsay v. Gardner, (11 Johns. Rep. 439.) the defendant, being in want of money, applied to the plaintiff to inform him how he should draw a sum of money from a relation in Scotland; it resulted in the defendant’s drawing…
2Cited by18 opinions
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- State ex rel. Crow v. City of St. LouisSupreme Court of Missouri · 1903
- Crescent Cotton Oil Co. v. Union Gin & Lumber Co.Tennessee Supreme Court · 1917
- Branson v. Oregonian Railway Co.Oregon Supreme Court · 1883
- Trustees of Newburgh v. GalatianNew York Supreme Court · 1825
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