Village of Fort Edward v. . Fish
New York Court of Appeals
Appeal from an order of the late General Term of the Supreme Court in the third judicial department, entered May 15, 1895, reversing a judgment in favor of defendant entered upon a decision of the court after a trial without a jury, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract of July 20, 1893, was valid and binding on botli parties, and could have been enforced by the defendant.
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Appeal from an order of the late General Term of the Supreme Court in the third judicial department, entered May 15, 1895, reversing a judgment in favor of defendant entered upon a decision of the court after a trial without a jury, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract of July 20, 1893, was valid and binding on botli parties, and could have been enforced by the defendant. (L. 1881, cli. 175, § 2; Lehigh Appeal, 129 Penn. St. 405; People v. Stephens, 71 N. Y. 549; Brooklyn H. R. R. Co. v. City of Brooklyn,…
1Opinion of the CourtVann, J.
By this action the plaintiff sought to recover the sum of §1,750 alleged to have been paid by its board of water commissioners to the defendant without authority under the following circumstances:
The plaintiff is a municipal corporation with a board of trustees, who, in 1893, pursuant to the provisions of certain statutes, organized themselves into a board of water commissioners and prepared an issue of coupon bonds amounting to $97,000, all dated May 1, 1893, and drawing interest at the rate of four per cent per annum from that date. (L. 1875, ch. 181; L. 1881, ch. 175; L. 1893, ch. 30.)
On…
2Cases cited13 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- McCreery v. . DayNew York Court of Appeals · 1890
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- Delafield v. StateNew York Supreme Court · 1841
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3Cited by84 opinions
- Lindlots Realty Corp. v. County of SuffolkNew York Court of Appeals · 1938
- New York City Employees' Retirement System v. EliotNew York Court of Appeals · 1935
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- State v. HowardSupreme Court of Vermont · 1909
- People v. . Journal Co.New York Court of Appeals · 1914
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