New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-08-05
MARINE corRr-Before Jadss Mec..1ar

clanosspe Cissrs g. furnished at City Hall "a February
In the suit brought BY Mr.. Taylor, Keeper Of City Hail.
against the City balance of $500 for furnishing
vine cigars &c, yorder Of Special Committee on wash
ngtons birthday but which the Controller refused pay
the ground that the order was aid under the charter
ALREADY referred to-. Judge McC. rendered judgment
this forenoon in favor Of Mr. Taylor, plaintiff In amount
and interest and costs with GIG extra allowance agrees
bly, statute. The portion OF the bui rejected Dy the
Controller was for worth Of cigars 20 gallons brandy
10 baskets champagne aud other wines and liquors, &c
After the rendition OF judgment transcript was taken on
behalf Of plaintiff and filed IN the County Clerk Once
which makes il a lien the real estate Of the city. The
decision will probably be appealed by the Controller to
the Court Of Common Pleas the Appellate Court and the
final one for the Marine and District Courts.
NcCARTHY. J.-This action brought by tho
plaintiff Mr. Taylor to certain moneys by him eK
pended under the direction Of Joint Special Committee
of the Common council 10 make arrangement Tor the
celebration Of Washingons birthday, 22d February,
1854" There eighteen items Of expenditure charged
in the bill Of particulars being for various sums, IN tue
whole amounting 10 sJil AZ upon thus toth credIt
claimed and allowed az paid of ISL a., though no items
in the specified as to those to be specially
credited with the pawn nj soelamed and Admired 70 nave
been made II appears in the case, and the TACT not
DISPUTED that the Common Council by Joint resoutOn APP
proved by the Mayor February 2l l-l appropriated the
sum Of - 100 for the celebration OF ashngtons birth
day 2!d February, leJi and also that that approPna
was made By the vote OF threeiourhs O all the members
elected in each Board of the Common Council nor il
there any dispute that the Joint Special Committee was
duly appointed, consisting Of Messrs. L. H. Tucker
W. b. Drake, VIM. Boardman, Arson HeTIek ana
WIN. Baird the part Of the Board Of Aldermen
Chas j. Holden and f. II. kimbark, on the part o.
the Board Of COGncLmen 1t further IS not disputed that
the resolution Of appropriation originated in the Board on
Couucmen having been by them adopted on the I'm OF
February 1854 and copeured in by the Board OF Alder
men on the goth Of February, 1884 Itfdrther appears
the evidence OF members Of the commit ee and ~ Iaei
unanimous report that the articles for which the
ments were charged procured and paid io' " G
plaintiff in pursuance Of the order OF thar Jons 90;
committee. II further appears that after tns "a
Of the account sued on, the account vas sPp,vI "a
certified 10 be correct by the committee d.
that by resolution originating IN ana a.op'ou " -;
Bosrd az Councilrnen the SJd oil june
in b. The Road OF Aldermen on the l2th OF Juy isot
and snnroved by the Mayor on the l3h OF July, 49,
anu PP,os; was directed to draw his warrant in
sus lanes Taylor for $500 the same being the bal
c. Sue 20 him for supplies furnished for the cele-
O. ar.,on Of Vashingtons birthday, February %, 1877
50 I direction Of the Special Committee OF toe Com
mon Council the amount 10 DO taken from the appro-
CITATION made for that occasion by resolution on tns
"fommon Council, approved BY the Mayor, feo.
d 1854" II also appears that the chief ofcer o. ms
Auditing Bureau-the creditor OF sceounts-aadled,
tied and approved Of the plaintiffs account as
II further Is conceded fact that Of the apPropnsooh
O. 700 before referred only about d. 800 nss
pended Thus tine ease stands An spProprisuo Ant
fsrIy made by the defendants; committee U,s[ -
the obco.s ii that appropriation ~ then 81 ~ a..
roia.et that committee in the regular eeuSs 1. ~.
S.rgs d .be., d.tses irsc. The plsa'iu 70 p'"''