Read v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon certain warrants or orders drawn at different dates in 1869 and 1870 by the mayor and city clerk of defendant upon its treasurer, and countersigned by its comptroller.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon certain warrants or orders drawn at different dates in 1869 and 1870 by the mayor and city clerk of defendant upon its treasurer, and countersigned by its comptroller. The orders were payable when collected, or realized from tax sales for certain specified local improvements, with interest three months from date. The court found in substance that prior to August…
1Opinion of the CourtHand, J.
The appeal book before us contains no case. We have only the pleadings, the findings, and conclusions of the judge, the defendant’s exceptions to these findings, and the judgment.
The first exception is to the conclusion of the judge that the plaintiff is entitled to judgment for the sum of $383.80 and costs ; the second and only other one is that from the facts found the plaintiff was not entitled to judgment and the judgment should have been for the defendant. It is doubtful whether these exceptions raise any other question for our review, than the single one whether the plaintiff is…
2Cited by5 opinions
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