Cutter v. . the Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 10, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiffs’ complaint on trial.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 10, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiffs’ complaint on trial. This action was brought to recover interest alleged to be due and unpaid upon an award to Louisiana St. John, plaintiffs’ testatrix, for damages to her land because of the widening of Broadway, which damages were awarded to her in proceedings instituted under the act (Chap. 890, Laws of 1869) authorizing that improvement. The award was made…
1Opinion of the CourtDanforth, J.
The report of commissioners appointed to estimate damages incurred by reason of the "widening of Broadway was duly confirmed on the 5th of July, 1872, and included an award to plaintiff’s testatrix of $23,041, by way of damages to her land, but it also stated that the premises were incumbered by mortgage in the sum of $10,000, and it is now conceded that the amount of the mortgage debt was in fact $8,000. It does not appear when the exact sum was ascertained, or the property taken for the improvement relieved from the lien of the mortgage, or the release delivered to the defendants, but the…
2Cases cited5 opinions
- Hamilton v. . Van RensselaerNew York Court of Appeals · 1871
- Fleetwood v. City of New YorkThe Superior Court of New York City · 1849
- Tillotson v. PrestonNew York Supreme Court · 1808
- People v. County of New YorkNew York Supreme Court · 1826
- Forrest v. Mayor of New YorkNew York Supreme Court · 1861
3Cited by47 opinions
- McCreery v. . DayNew York Court of Appeals · 1890
- Davison v. KlaessNew York Court of Appeals · 1939
- In Re the Judicial Settlement of the Accounts of Executors of HodgmanNew York Court of Appeals · 1893
- In re John Osborn's Sons & Co.Court of Appeals for the Second Circuit · 1910
- Union Trust Co. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1936
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