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City of Buffalo v. Marion

Superior Court of Buffalo — General Term
Jul 1, 1895
13 Misc. 639 (N.Y. Misc. 1895)

Summary

In City of Buffalo v. Marion (13 Misc. 639) it was held that an ordinance prohibiting the sale of watches at auction after six o'clock in the evening was authorized by a provision of the city charter giving the common council power to pass ordinances licensing and regulating auctioneers.

Summary of this case from Alexander v. Enright

Opinion

July, 1895.

Charles L. Feldman, for the city.

Mr. Gearon, for the respondent.


The charter of the city of Buffalo provides, among other things, that the common council shall, from time to time, enact ordinances to license and regulate auctioneers.

Pursuant to that provision of the charter the common council has enacted an ordinance prohibiting the sale of watches at auction after six o'clock in the evening under a penalty of fifty dollars.

The defendant violated the ordinance, and this action is brought to recover the penalty.

The defendant claims that the ordinance is void, and the court below so decided.

The ordinance in question follows the charter and is authorized by it.

The licensing of auctioneers and the regulation of their conduct as such has always been held within this state to be within the power of the legislature, and that statutes and ordinances for that purpose are valid. Chap. 17, tit. 1, pt. 2, R.S., Banks Bros. 8th ed.; People ex rel. Schwab v. Grant, 126 N.Y. 473.

The judgment appealed from should be reversed and a new trial ordered, with costs to abide the event.

TITUS, Ch. J., and HATCH, J., concur.

Judgment reversed and new trial ordered, costs to abide event.


Summaries of

City of Buffalo v. Marion

Superior Court of Buffalo — General Term
Jul 1, 1895
13 Misc. 639 (N.Y. Misc. 1895)

In City of Buffalo v. Marion (13 Misc. 639) it was held that an ordinance prohibiting the sale of watches at auction after six o'clock in the evening was authorized by a provision of the city charter giving the common council power to pass ordinances licensing and regulating auctioneers.

Summary of this case from Alexander v. Enright
Case details for

City of Buffalo v. Marion

Case Details

Full title:THE CITY OF BUFFALO, Appellant, v . MAURICE MARION, Respondent

Court:Superior Court of Buffalo — General Term

Date published: Jul 1, 1895

Citations

13 Misc. 639 (N.Y. Misc. 1895)
34 N.Y.S. 945

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