Smith v. City of Albany
New York Supreme Court
On the 7th of June, 1869, the common council of the defendant passed a resolution appointing a committee of five to make the necessary arrangements for celebrating the Fourth of July, and on the 24th of June appropriated $2,500 to pay the expenses. One member of the committee failed to attend and take part in its proceedings, although all were notified of its meetings.
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On the 7th of June, 1869, the common council of the defendant passed a resolution appointing a committee of five to make the necessary arrangements for celebrating the Fourth of July, and on the 24th of June appropriated $2,500 to pay the expenses. One member of the committee failed to attend and take part in its proceedings, although all were notified of its meetings. The plaintiff kept a livery stable, and, at the request of the committee, furnished the horses and carriages used in celebrating the Fourth of July, and in making the necessary arrangements for the celebration, and their hire…
1Opinion of the Court
By the Court—
Miller, P. J.
Assuming that the common council had power to make an appropriation for the purpose of celebrating the anniversary of our national independence, which I am inclined to think-was authorized by the charter of the city of Albany, the question to be determined is whether the claim of the plaintiff was in violation of the statute which provides that “ it shall not be lawful for a member of the common council of any city in this State” * * * “ to become a contractor under any contract authorized by the common council,” &c., * * “ of which he is a member, or be in any…
2Cases cited4 opinions
- Calking v. BaldwinNew York Supreme Court · 1830
- Smith v. Lockwood & WoodNew York Supreme Court · 1852
- Bell v. QuinThe Superior Court of New York City · 1848
- Griffin v. ClarkNew York Supreme Court · 1860