Legal Opinion

Hodges v. City of Buffalo

New York Supreme Court

Decided January 15, 1846PublishedCited by 81 opinions

. Error to the recorder’s court of the city of Buffalo. Hodges sued “ The City of Buffalo ” in assumpsit and counted for the use of certain rooms in his hotel, for meat, drink and refreshments furnished, and the attendance of his servants, &c. at the request of, and for the defendant. Non assumpsit was pleaded.

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. Error to the recorder’s court of the city of Buffalo. Hodges sued “ The City of Buffalo ” in assumpsit and counted for the use of certain rooms in his hotel, for meat, drink and refreshments furnished, and the attendance of his servants, &c. at the request of, and for the defendant. Non assumpsit was pleaded. The plaintiff proved that the common council of the city on the 14th day of June, 1838, passed a resolution appointing a committee of three aldermen “ on the part of the corporation to co-operate with our citizens generally, for making proper arrangements for the celebrating in a…

1Opinion of the Court

By the Court, Jewett, J.

The determination of this cause depends upon the question, whether the corporation of the city of Buffalo- had' power to contract the debt claimed. Such- power must, be- conferred by statute.. It cannot be. taken by implication. Corporations have no other powers than such as are expressly granted, or- such as, are necessary to carry into effect the powers expressly conferred. All corporations, possess the powers enumerated in 1 R. S. 599, § 1; but the authority to enter into this, contract is not found there. No corporation possesses any powers, not, conferred- by this…

2Cited by81 opinions

  1. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  2. McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
  3. Clark v. City of Des MoinesSupreme Court of Iowa · 1865
  4. Village of Fort Edward v. . FishNew York Court of Appeals · 1898
  5. McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846

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