Montgomery v. Mayor of New York
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by John J. Montgomery and Samuel F. Pease against the .mayor, aldermen, and commonalty of the city of Rew York. From so much of a judgment as dismissed the second cause of action,, plaintiffs appeal.
1Opinion of the CourtGildersleeve, J.
The plaintiffs, as copartners, entered into, a contract with the defendants for constructing a sewer and appurtenances in East 152d street. This action was brought to recover upon two causes of action alleged by the plaintiffs to arise under the contract mentioned. Under the direction of the court, the plaintiffs recovered their claim under the first cause of action. There is no appeal from this portion of the judgment by either of the parties. The learned trial court dismissed the complaint as to the second cause of action, and, judgment having been entered accordingly, the plaintiffs have…
2Cases cited2 opinions
- Newell v. Mayor of New YorkNew York Supreme Court · 1891
- Pennell v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1891