Schanck v. . the Mayor, Etc.
New York Court of Appeals
Appeals from judgments of the General Term of the Supreme Court in the first judicial department, affirming judgments in favor of plaintiff, entered upon decisions of the court on trial without a jury. (Reported below, 10 Hun, 124.) These actions were brought to recover rent reserved under and by written leases from the respective plaintiffs to the corporation of the city of New York, of certain premises in said city, each lease being for the term of five years..
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Appeals from judgments of the General Term of the Supreme Court in the first judicial department, affirming judgments in favor of plaintiff, entered upon decisions of the court on trial without a jury. (Reported below, 10 Hun, 124.) These actions were brought to recover rent reserved under and by written leases from the respective plaintiffs to the corporation of the city of New York, of certain premises in said city, each lease being for the term of five years.. The leases were authorized by resolution of the common council. The premises were used and occupied by the city. The defence in…
1Opinion of the CourtAllen, J.
The common council of the city of New York have the power to lease lands belonging to the city, and to rent premises for city purposes, and the only limitation or qualification of the general power is imposed by § 18 of chap. 335 of the laws of 1873, enacting that they shall have no power to take or make a lease of any real estate or franchise save at a reasonable rent and for a period not exceeding five years. The prohibition is absolute in respect to the limit of the time. That restriction was capable of being, and was made, definite and certain, and a lease for a longer time than five…
2Cited by8 opinions
- Ambrozich v. City of EvelethSupreme Court of Minnesota · 1937
- Kilvington v. City of SuperiorWisconsin Supreme Court · 1892
- City of Huron v. CampbellSouth Dakota Supreme Court · 1892
- McCutcheon v. Terminal Station CommissionNew York Court of Appeals · 1916
- In re WrightNew York Supreme Court · 1882
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