American District Telegraph Co. v. City of New York

Headnote

New York city — duress — action to cancel franchise and recover securities deposited and money paid on ground of duress.

American District Telegraph Co. v. City of New York, 213 App. Div. 578 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial

department, entered August 4, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was commenced to cancel a franchise granted to plaintiff on February 20, 1913, by the city of New York, through its board of estimate and apportionment, and accepted by it; to recover stock deposited with the city as security for the performance of the terms of said franchise; and to recover $75,000 with interest, paid by plaintiff to the said city between March 9, 1913, and October 29, 1918, under the terms of said franchise, on the ground that the franchise was accepted, the stock deposited and the money paid under duress.

Judgment affirmed, with costs;