City of Elmira v. Seymour
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff is a municipal corporation organized. under special charter, viz., chapter 615 of the Laws of 1894, and the acts amendatory thereof.. - On the 17th day of May, 1905, the Legislature, of this. State, passed chapter 476 of the laws of that year, entitled.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff is a municipal corporation organized. under special charter, viz., chapter 615 of the Laws of 1894, and the acts amendatory thereof.. - On the 17th day of May, 1905, the Legislature, of this. State, passed chapter 476 of the laws of that year, entitled. “ An act to authorize the city of Elmira to issue its.bond's for the construction of a bridge or the: reconstructing and repairing of an existing bridge ácross the Chemung river in the city of Elmira.” Such act…
1Opinion of the Court
Parker, P. J.:
The defendants in this proceeding having bid 106 for the $55,000 of bonds issued by the plaintiff under the act in question, and such bid having been accepted by the plaintiff, a contract arose between such parties; and the defendants are liable to forfeit the $1,500 put up by them as damages for a breach of such contract, provided they now refuse to proceed there with,, unless they are able to establish some good reason for such refusal.
The only ground that the defendants offer as'an excuse for such refusal is that the act under which the plaintiff claims to issue such bonds is…
2Cases cited3 opinions
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
- Van Brunt v. . Town of FlatbushNew York Court of Appeals · 1891
- People Ex Rel. Burroughs v. . BrinkerhoffNew York Court of Appeals · 1877
3Cited by3 opinions
- Abell v. ClarksonAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Condemnation of Certain Lands for Park PurposesNew York Supreme Court · 1926
- Queens Terminal Co. v. SchmuckAppellate Division of the Supreme Court of the State of New York · 1911