Albany City National Bank v. City of Albany
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by the plaintiff as assignee upon certain bills for services rendered and materials furnished by different persons for the city of Albany, in making repairs on the “ City Building,” to fit it for use as a city hall, after the City Hall had been consumed by fire. It was admitted on the trial that the services were rendered and articles…
1Per curiam
We think the judgment should be affirmed.
First. It is conceded that the common council had power to make the repairs and to purchase the articles, the making and furnishing of which constitute the claims in this action, and to contract debts therefor, binding upon the city. The several bills were presented to the common council, and were duly audited, and by resolution approved by the mayor, they were ordered to be paid. This was a legislative act within the legislative power of the common council. It is also conceded that the work and materials specified in the bills of particulars to which…
2Cases cited1 opinion
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
3Cited by10 opinions
- City of Logansport v. DykemanIndiana Supreme Court · 1888
- Kramrath v. . City of AlbanyNew York Court of Appeals · 1891
- Vermeule v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1919
- Sullivan v. School District No. 39Supreme Court of Kansas · 1888
- American Pipe & Construction Co. v. Westchester CountyCourt of Appeals for the Second Circuit · 1923
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