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Gardner v. Town of Cameron

Jerry L. Gardner Et Al., Respondents, v. Town of Cameron Et Al., Defendants, and Buffalo Steam Roller Company, Appellant

Gardner v. Town of Cameron, 109 N.E. 1074 (N.Y. 1915)
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Court
New York Court of Appeals · State Highest Courts
Decided
June 1, 1915
Citations
109 N.E. 1074215 N.Y. 6821915 N.Y. LEXIS 1112
Summary
Appeal from a judgment of the Appellate Division of the .Supreme Court in the fourth judicial department, entered March 12, 1913, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term in a taxpayers’ action under section 51 of the General Municipal Law, to procure a judgment declaring a contract made by the town superintendent of highways of the town of Cameron, Steuben county, and the defendant, appellant, under the provisions of the Highway Law, illegal and void upon the grounds that the defendant, appellant, and the town officials fraudulently and collusively entered into a contract; that the town officials were induced to make said contract by fraud and collusion on the part of the said defendant, appellant, and that the making of the contract constituted an illegal and unauthorised official act on the part of the defendant officials.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscocic, Chase, Cuddeback, Hogan, Miller and Seabury, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

View all citing references →
1916: 11917: 11933: 11947: 11948: 11963: 11965: 11966: 11977: 11983: 11990: 12019: 12020: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. George A. Ohl & Co. v. Standard Steel Sections, Inc.179 A.D. 637 (1917)
  2. N.Y. World-Telegram Corp. v. McGoldrick80 N.E.2d 61 (N.Y. 1948)
  3. City of Zanesville v. Mohawk Data Sciences Corp.97 A.D.2d 64 (1983)
  4. Goldberg v. Penny163 A.D.2d 352 (1990)
  5. Bramhall, Deane Co. v. McDonald172 A.D. 780 (1916)
  6. Marine Midland Trust Co. v. Village of Waverly42 Misc. 2d 704 (N.Y. Sup. Ct. 1963)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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