Brooklyn, Queens County & Suburban Railroad v. City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 19, 1918, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 19, 1918, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Whatever the difference of view there may be as to the effect of ultra vires on corporate contracts, in no jurisdiction can a party retain what it has received under such a contract and refuse to perform the contract. (Appleton v. C. C. Nat. Bank, 190 N. Y. 417; C. C. Nat. Bank…
1Opinion of the CourtCrane, J.
Chapter 596 of the Laws of 1897 authorizes the acquisition of turnpikes and plank roads by counties adjoining cities of more than 800,000 and less than 1,500,000 inhabitants. The act provides that the board of supervisors of such county may acquire by purchase or condemnation such turnpike or plank road for the purpose of laying out, maintaining, improving and repairing the road as a public highway and as a county road, subject to the retention of the fee thereof by the turnpike, plank road or street surface railroad corporation owning the same and subject also to the existing rights,…
2Cases cited7 opinions
- Citizens' Central Nat. Bank of NY v. AppletonSupreme Court of the United States · 1910
- Kramrath v. . City of AlbanyNew York Court of Appeals · 1891
- Appleton v. Citizens' Central National BankNew York Court of Appeals · 1908
- Vermeule v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1919
- Poillon v. . City of BrooklynNew York Court of Appeals · 1886
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3Cited by3 opinions
- The Troy Union Railroad v. City of TroyNew York Supreme Court · 1927
- Burke v. City of New YorkNew York Court of Appeals · 1956
- City of New York v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1923