McCutcheon v. Terminal Station Commission
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the plaintiff, Charles H. McCutcheon, and the defendant, The City of Buffalo, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Erie on the 8th day of February, 1915, dismissing the complaint upon the decision of the court after a trial at the Erie Equity Term.
1Opinion of the Court
Merrell, J. :
On September 6, 1913, the Terminal Station Commission of the City of Buffalo entered into a contract with the Delaware, Lackawanna and Western Railroad Company and the New York, Lackawanna and Western Railroad Company, the purpose of which was to effectuate and carry out certain plans for a railroad terminal in said city theretofore adopted by the commission. This action is brought in equity by the plaintiff as a taxpayer to declare the contract in question illegal, null and void as in violation of various provisions of the Constitution of the State of New York, of the Federal…
2Cases cited5 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
- People ex rel. Myer v. AdamAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Browne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925
- Cleveland v. City of WatertownNew York Supreme Court · 1917
- City of New York v. PeopleNew York Supreme Court · 1953
- Opn. No., New York Attorney General Reports2003