Hunt v. City of Utica
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the verdict of a jury. The action was brought by the plaintiff, as assignee of Christian Cossleman, to recover for work, labor and services done and performed by said Cossleman, in and about the paving and grading a portion of Genesee street, in the city of Utica, and making cross-walks on the same, and for materials furnished and used in and about said work.
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APPEAL by the defendant from a judgment entered upon the verdict of a jury. The action was brought by the plaintiff, as assignee of Christian Cossleman, to recover for work, labor and services done and performed by said Cossleman, in and about the paving and grading a portion of Genesee street, in the city of Utica, and making cross-walks on the same, and for materials furnished and used in and about said work. The answer was a general denial of the complaint, and also set up the defense that the assignor Cossleman contracted to do and perform such work, labor and services, and to furnish…
1Opinion of the CourtBacon, J.
The defendant in this case is a municipal corporation, deriving all its powers from, and exercising its functions in accordance with, the charter which constitutes its organic and fundamental law. The principle is too familiar and elementary to require the citation of authority in its support, (although the books abound with cases which establish the doctrine,) that such a corporation possesses and can exercise no powers except such as are expressly granted by its charter, or such as are necessary to carry into effect the granted powers.
The agency through which the corporation mainly acts, is…
2Cases cited4 opinions
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
- Lake v. Trustees of the Village of WilliamsburghNew York Supreme Court · 1847
- Cuyler v. Trustees of the Village of RochesterNew York Supreme Court · 1834
3Cited by3 opinions
- Baldwin v. City of OswegoNew York Court of Appeals · 1865
- Baldwin v. City of OswegoNew York Court of Appeals · 1865
- Byrne v. Savoy Shirt Co.Appellate Division of the Supreme Court of the State of New York · 1921