City of New York v. . Streeter

New York Court of Appeals

City of New York v. . Streeter

72 N.E. 1144, 180 N.Y. 507, 1904 N.Y. LEXIS 1322

DecidedDecember 6, 1904

StatusPublished

This text of 72 N.E. 1144 (City of New York v. . Streeter) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of New York v. . Streeter, 72 N.E. 1144, 180 N.Y. 507, 1904 N.Y. LEXIS 1322 (N.Y. 1904).

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Opinion

*508 Gray, J.

The judgment appealed from should be affirmed, with costs. The views expressed in the case of this plaintiff against Matthews (180 N. Y. 41) apply, mainly. The unanimous affirmance concludes us upon all questions raised as to the sufficiency of the evidence and the objection to the warrant to the .receiver of taxes, that it ivas signed by the vice-chairman of the council and not by the president of the council, is without force. The charter provided that the vice-chairman of the council should perform the duties of the president, when the latter was sick, or absent, or under suspension, or was acting as mayor, or when a vacancy existed. (§ 23 of charter of 1897.) The presumption of regularity obtains, in support of the official proceedings, and the signature of the vice-chairman upon the warrant will be presumed to have been necessitated by one of the causes stated.

Cullen, Ch. J.,- O’Brien, Bartlett, Haight, Vann and Werner, JJ., concur.

Judgment affirmed.

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*508 Gray, J.

The judgment appealed from should be affirmed, with costs. The views expressed in the case of this plaintiff against Matthews (180 N. Y. 41) apply, mainly. The unanimous affirmance concludes us upon all questions raised as to the sufficiency of the evidence and the objection to the warrant to the .receiver of taxes, that it ivas signed by the vice-chairman of the council and not by the president of the council, is without force. The charter provided that the vice-chairman of the council should perform the duties of the president, when the latter was sick, or absent, or under suspension, or was acting as mayor, or when a vacancy existed. (§ 23 of charter of 1897.) The presumption of regularity obtains, in support of the official proceedings, and the signature of the vice-chairman upon the warrant will be presumed to have been necessitated by one of the causes stated.

Cullen, Ch. J.,- O’Brien, Bartlett, Haight, Vann and Werner, JJ., concur.

Judgment affirmed.

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Bluebook (online)

72 N.E. 1144, 180 N.Y. 507, 1904 N.Y. LEXIS 1322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-streeter-ny-1904.

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