The New York herald., 1870-02-26
SUPREME COURT TRIAL Isa..l.
Tho Church Street Extension--Intercsting to
Real Estate Owners.
Before IudQa Brady

Tho Church Street Extensio to
Real Estate Owners.
Before Judge Brady.
A. Gordon HdmerSley ct al. us. The Mayor ct al
In this case the plaintiffs awarded the sum OF
$o3 for their property taken by the city for The
extension OF Church street. The report was con-
hrmed December 30, 1867. The amount, however,
was not paia until the 10th OF June, 1862 whereas
the plaintiffs claimed that 1t should have been paid
the 30lh OF April $685. or at the latest at the time
OF their application TO the Mayor, Aldermen and
Commonaly, on or about November 80. 1868. This
suit was thereupon brought to recover the inter-
est on the sum mentioned from April 80,
1s6s until Juno IL 1859. MIR. ]. Hooker
namersley submitted the case on behalf Of the pro-
perty owners that interest was due them from the
time OF application by the language OF the statute.
s6, lo3 passed Apfii 0, 1913 which runs fol-
lows:-And be enacted, that the said Mayor, Alder.
men and COnWOnalJy shall, within four calendar
months after the confirmation OF the report OF the
commissioners IN the premises by the court pay to
the respective persons or bodies polite or corporate
mentioned referred to In the said report whose
favor any sums Of money shall be estimated and re.
ported BY the said commissioners, the respective
sum or sums so estimated and reported In their favor
respectively, and In case Of neglect or default IN
the pay ment OF tne same within the Time Aforesaid
the respective person or persons party or parties IN
whose favor tine shall be reported his heirs
or their executors, adnnistrat0rS or successors at
any time or times after application first made by
him. her or them 10 the said Mayor, Aldermen and
COmlnOuaItv, IN common COunClt convened pay
ment thereof, may sue for and recover the same,
with lawful interest, from and after the appl-
cation theieior and the costs OF suit IN any proper
form, against the sail Mayor, Aldermen an0 CON-
monalty, in any court having cognlzance thereof.
Counsel claimed interest from . date anterior to
the application, 70 wit, from the expiration OF the
four calendar months mentioned in the statute
first. under the statute OF 1878: second, be-
cause the corporation Is entitled TO the land
Immediately in confirmation Of the report and the
ava was made with that view; third because
there was no SUSPENSION BY the Mayor, &c.
Mr.. A. j. Vanderpoei argued on the part OF the
Cor OraLlon that un0er the law Of 1878 the CITY had
o right TO suspend the opening for fifteen months,
and lnat they exercised tnar right.
The Court held tnat the plaintiffs were entitled TO
resolution OF suspension was retroactive and there
lore nulty and directed the jury to Gnd verdict
for the pIainlifs for the sum OF So, 435.
Indsmuch as this was u test case considerable
Similar cases were awaing the result. For plain
TIL, J. Il. uamersley; Tor defendant, A. J. Wander
poel.
Tho Bradford Abscontling Casc-AIotiou for
Reference Granted.
Before Judge BARNARD
Tho MAYOR ct al Us. ". Il. Beebe ana Charles
E Deut,n.-ThIs case came up on motion to open
the Judgment ana grant trial. II win be rcmem-
bered tnat the defendants were securities, In tho
sum OF $40 0O0 for Bradford, who occupied the po-
fsltlon Of Public Administrator and who, as 10
alleged aDscOnded with $37 900 OF the funds In his
possession. The case was first triad III the year
1866. The plaintiffs demurred, but the demurrer
was overruled. The case subsequently went to The
General Term where the decision Overruing the
: demurre was confirmed. Execution On the )udQ-
ment. however, was not Levied
Judge Barnard granted tnc motion and sppointed
! . referee