New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-06
CITY LI1IGATIONS.

Two decisions i'll city cases were handed
down yesterday by the Common Pleas General Term
both III favor of tle defendants In the sllt 0 Tone
az aist the Mayor the plaintiff sued On contract 10
ullte and grade Observation-Disclosures fdst The
receiver alleged that it condition prcced mt that
no SUN wac TO be due thereon until the con
frmaton OF an assessment, and that there had
becn no such confirmation when the ACTON was
brought The complaint dismissed at the
Trial Term and this ruling is sustained by the General
Term j. H. Strdhan appeared for rialhtih; Assistant
Coqoraton Counsel A. j. Requier FOR the city. In the
suit of Batcrsby against the Mayor the ainn Sucd Tor
damages from slipping piece of ice when crossing
Nass9u-st The complaint dismissed on the SrOuno
that 10 negligence the part the city was shown Inc
General FERN CniefJustce DAILY delivering the opinion
sustans this ruling. Vim. c. Rcddy appeared Tor the
plautf; L. L. SteisOn for the city.
Judge Lawrence has decided demurrer inter
posed in the suit Of Long against the Mayor in favor
~ fine city The suit was 10 recover assessment paid
on propcry after had been ADJ ersedo for sale for non
payment Of the assessment, which was aicrward va
Gated The city, however, claimed that this gave no
ughtto recover money voluntarily piid DeVhl Iilcf
aI,Dcarcd for the plaintiff; d. j. Dean for tie city.
fLe suits Of SecTy against the .aNoi ana l-OIk dEih7
the MayO wer, presented yesterday To Judge Van worst
i'm supreme Court Special Term on demurrer lhe hfSl
was alderman the second an assistant dlu'I,l !O
elected 1869 Their term Of once was eut SNORT py
their tull term The city claims 10y dcnlier tia tio
emOluncnts as well as me tenure oil 3iiGe are MnUy
within the power Of the Legislature ana thai by cutting
Van Worst sustained the demurrer. o. > stewart al
leaned for plaintiff; ID. j. Dean for The city.
The suit for his salary Drought ny Nhllaih i'
Drmarcs one OF the persons VINO claim 10 nave becII
cleo. ,d Assistant Aldermen after tic oDice had been
abolished, ground That the act aD0s!hG IL y ul
tuioual came yesterday before Judge Van 'oet
i'm supreme Court, SPECIAL Term judge Van worst re-
served his decision. III. Wolf Appeared lOr piahtli'
j.. j. Dean for defendant. -, - -,
Ellen nv one Of the sufferers by the ST. Andrews
Cburcu accident IN DGane-s III 1870 has brought SUIT
directly AGAINST the city charging to II the alleged ne@-
gence Of ia" building department or ie ~ t u,
regard the adjoining wall the IaI OF NhlcH ca7tu inc
disaster. The came UP DciOfc JuCse Van OIst Oh
demurrer by the city. and d. j. Dean on lis behalf urged
that u9dtr Inc Macmillan case the CITY was not liable
was IN no case liable for either the acts or negligence OF
officers fulfilling public functions not connected WIN thc
cnrp0ratIos profit direct advantage as CORPORA
ton even though appointed by the city Officers lhey
were in such case either servants or aSents OF th
citv but public officers fulfilling pubic Junction ahu
the ely could be held liable Tor Their acts Judge
Van Worst reserved his decision.
In twO sui, brought by MI Richmond ana MI Davis,
propcrty owners FilhaYC. TO recover assessments
winch they mad paid for paving Flftl-aye, near One
a demurrer substantially that by paying the assess
mcnt they have lost all right 10 contest the
rightfulneSs of the assessment or recover me
amount If the assessment be declared illegal
10 avoid the decision 10 that ehcct III the case
of Nash against the Mayor the plaintiffs had alleged
that they were compelled TO pay the money under pro
e, tine threat ~ the advertisement OF sale tof
non paycni that unless they paid they would lose Jhe
urolterY Mr. Dean, for the ety. claimed tLb ala mol
u 10 the case threat to sell real oeate which could
moi be DESTROYED lost was not such coercion as the LAW
recoguizes as making act involuntary though such
threat as TO personal property might be coereve The
payment rci0re voluntary. Judge Van Worst re-
served his decision.