Judson v. City of Niagara Falls
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Niagara Falls in the State of New York, from" a judgment of the Supreme Court in favor of the plaintiff, entered in .the office of the clerk of the county of Niagara on the 21st day of February, 1910, upon the verdict of a jury rendered by direction of the court after a trial at the Niagara Trial Term.
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Appeal by the defendant, The City of Niagara Falls in the State of New York, from" a judgment of the Supreme Court in favor of the plaintiff, entered in .the office of the clerk of the county of Niagara on the 21st day of February, 1910, upon the verdict of a jury rendered by direction of the court after a trial at the Niagara Trial Term. At the close of the evidence both.parties separately moved for a direction of verdict in their favor respectively, and the court thereupon directed a verdict for plaintiff. The facts were not in dispute.
1Opinion of the Court
Robson, J.:
Plaintiff is an attorney, and his recovery in this action is for services as counsel of a committee of defendant’s common council in an investigation made by such committee.
On the trial defendant conceded that its common council duly adopted a resolution which, after reciting the occasion of and necessity for the investigation, directed the president of the common council to appoint a committee, with power to employ counsel, if necessary, to make such investigation and report thereon. It was also conceded that five members of the common council were thereafter duly appointed as…
2Cases cited2 opinions
- Donahue v. KeeshanAppellate Division of the Supreme Court of the State of New York · 1904
- O'Brien v. City of Niagara FallsNew York Supreme Court · 1909
3Cited by21 opinions
- Cahn v. Town of HuntingtonNew York Court of Appeals · 1972
- Pepe v. City of New BritainSupreme Court of Connecticut · 1987
- Matter of Fleischmann v. . GravesNew York Court of Appeals · 1923
- Kay v. Board of Higher EducationAppellate Division of the Supreme Court of the State of New York · 1940
- Hiscox v. HolmesAppellate Division of the Supreme Court of the State of New York · 1934
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