Lake v. Trustees of the Village of Williamsburgh
New York Supreme Court
Debt, tried before Kent, Cir. J., at the New-York circuit, in September, 1844. Declaration—first count, for that whereas the defendants, on the 2d of December, 1840, at, &c. being indebted to the plaintiffs in the sum of six hundred dollars, made a certain instrument in writing, sealed with their corporate seal, .and signed by the president and countersigned by the clerk of the said corporation, commonly called a warrant, and now shown to the court here, and then and there…
Read the full summary
Debt, tried before Kent, Cir. J., at the New-York circuit, in September, 1844. Declaration—first count, for that whereas the defendants, on the 2d of December, 1840, at, &c. being indebted to the plaintiffs in the sum of six hundred dollars, made a certain instrument in writing, sealed with their corporate seal, .and signed by the president and countersigned by the clerk of the said corporation, commonly called a warrant, and now shown to the court here, and then and there directed the said warrant to one W. C. by the name and addition of W. C., treasurer of the village of Williamsburgh, by…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Under the charter, the expenses of opening and regulating streets are not made a charge upon the whole village, but only upon the owners and occupants of the houses and lots to be benefited by the improvement. The corporation is the agent or instrument of the landholders having an interest in the matter, to ascertain how much one man ought to pay, and another to receive ; to collect the money from those who are benefited, and see that it is properly applied to the particular object. (Stat. 1827, p. 276, §§ 21 to 25.) No legal duty rests upon the corporation beyond…
2Cases cited2 opinions
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- Cuyler v. Trustees of the Village of RochesterNew York Supreme Court · 1834
3Cited by30 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Commercial National Bank v. City of PortlandOregon Supreme Court · 1893
- Kyle v. MalinIndiana Supreme Court · 1856
25 more not listed; retrieve them via the Exa API.