Romano v. Bruck

City of New York Municipal Court

Romano v. Bruck

54 N.Y.S. 935, 25 Misc. 406

DecidedDecember 7, 1898

StatusPublished

This text of 54 N.Y.S. 935 (Romano v. Bruck) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Romano v. Bruck, 54 N.Y.S. 935, 25 Misc. 406 (N.Y. Super. Ct. 1898).

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Opinion

SCHUCHMAN, J.

We think the court erred in this ruling, and that the motion to dismiss should have been granted. The legislature of a state may delegate to municipal corporations the power to make ordinances, and, when properly passed, they have the force and effect of a legislative act, within the limits prescribed for them. The lease demising part of the public highway, as set forth, is illegal, because it is unlawful under said ordinance, and cannot, therefore, be enforced. The inflexible rule is that no remedy can be had in a court ■of justice on an illegal contract. Bank v. King, 44 N. Y. 87; Brinkman v. Eisler (City Ct. N. Y.) 16 N. Y. Supp. 154.

The judgment and order appealed from are reversed, and a new trial is granted, with costs to the appellant to abide the event. All ■concur.

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SCHUCHMAN, J.

We think the court erred in this ruling, and that the motion to dismiss should have been granted. The legislature of a state may delegate to municipal corporations the power to make ordinances, and, when properly passed, they have the force and effect of a legislative act, within the limits prescribed for them. The lease demising part of the public highway, as set forth, is illegal, because it is unlawful under said ordinance, and cannot, therefore, be enforced. The inflexible rule is that no remedy can be had in a court ■of justice on an illegal contract. Bank v. King, 44 N. Y. 87; Brinkman v. Eisler (City Ct. N. Y.) 16 N. Y. Supp. 154.

The judgment and order appealed from are reversed, and a new trial is granted, with costs to the appellant to abide the event. All ■concur.

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Bluebook (online)

54 N.Y.S. 935, 25 Misc. 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romano-v-bruck-nynyccityct-1898.

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