Witt v. Mayor of New York
The Superior Court of New York City
This was an action by a lessor for rent, and for damages for injuries done to or waste committed on the plaintiff’s building by the defendants.
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This was an action by a lessor for rent, and for damages for injuries done to or waste committed on the plaintiff’s building by the defendants. In July, 1858, the common council of the defendants passed an ordinance directing the comptroller to lease from the proprietor the premises in question, being four floors, for the term of two years, at an annual rent not exceeding $5500. Another and distinct resolution in the same ordinance provided that the second floor, when leased, should be appropriated for the use and occupation of the street commissioner; but no provision was made in regard to…
1Opinion of the Court
By the Court, Barbour, J.
In considering the question before us, we may assume, at the outset, that the corporation of the city of New York is subject to precisely the same legal liabilities as any other corporation or individual would be, in a case of like character with this, unless specially exempted therefrom by some statute; and I find no such statutory exemption.
Although the comptroller was not expressly empowered by an ordinance of the common council to execute the last lease, the remaining in possession, with the payment of the rent by the defendants during and for the entire term…
2Cases cited4 opinions
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Evertsen v. SawyerNew York Supreme Court · 1829
- Osgood v. DeweyNew York Supreme Court · 1816
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1818
3Cited by1 opinion
- Tessier v. RousselSupreme Court of Louisiana · 1889