Legal Opinion · Dissent

Harlem Gas Light Co. v. The Mayor, Aldermen & Commonalty of the City of New York

The Superior Court of New York City

Decided March 4, 1865Published

This was a case agreed on by the parties, and submitted under the 372d section of the Code for decision. The plaintiffs were incorporated in February, 1855, under the general law authorizing the formation of gas companies.

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This was a case agreed on by the parties, and submitted under the 372d section of the Code for decision. The plaintiffs were incorporated in February, 1855, under the general law authorizing the formation of gas companies. The act authorizes the companies, formed under it to lay conductors for conducting gas through the streets of the city, with the consent of the municipal authorities, and “ under such reasonable regulations as they may prescribe/' In April, 1855, the defendants gave their consent to the plaintiffs to lay conductors in the streets, &c. lying north of 79th street. The…

1Dissent

Robertson, J. (dissenting.)

The first question which.this case presents is whether the corporation of the city of Hew York can bind themselves to pay for gas furnished to public lamps in said city by a contract made in any other mode than according to the first section of the statute of 1861, “ relative to contracts,” by such corporation, (Laws of 1861, ch. 308, Val. Comp. C. N. Y. 480,) and the thirty-eighth section of that of 1857, amendatory of the charter of such city. (Laws of 1857, ch. 446, Val. Comp. 278.) In regard. to a prior statute to the same effect, (Laws of 1863, ch. 217, § 12,,…

2Cases cited15 opinions

  1. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  2. The People v. . CookNew York Court of Appeals · 1853
  3. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  4. Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
  5. Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858

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