Legal Opinion

Parfitt v. . Furguson

New York Court of Appeals

Decided April 25, 1899PublishedCited by 17 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 27, 1896, affirming a judgment entered upon a decision dismissing the plaintiffs complaint. The nature of the action and the facts, so far as material, are stated, in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 27, 1896, affirming a judgment entered upon a decision dismissing the plaintiffs complaint. The nature of the action and the facts, so far as material, are stated, in the opinion. The original contract contained the following : “ And that no other gas or electric company shall have the consent of the party of the first part/ (i. e., the hoard of improvement) to extend its mains or to lay pipes or conductors within said town of Few Utrecht during the term of this agreement.”…

1Opinion of the CourtHaight, J.

This action was brought by the plaintiff, as a taxpayer of the town of Yew Utrecht, in the county of Kings, to cancel and annul certain contracts made with the Kings County Gas & Illuminating Company for the lighting •of the streets of the town.

The legislature in 1888, chapter 576, passed an act entitled An act establishing a board of improvement and defining its powers and duties, and to provide for lighting the streets and other places in the town of Yew Utrecht, in the county of Kings.” Under the provisions of this act a board, of improvement was created, in the town, consisting of…

2Cited by17 opinions

  1. Atlantic Beach Property Owners' Ass'n v. Town of HempsteadNew York Court of Appeals · 1957
  2. Leffmann v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1907
  3. Village of Upper Nyack v. Christian & Missionary AllianceNew York Supreme Court · 1988
  4. Wells v. Village of East AuroraAppellate Division of the Supreme Court of the State of New York · 1932
  5. Wenk v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903

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