Legal Opinion

People v. . Dunbar Contracting Co.

New York Court of Appeals

Decided July 13, 1915PublishedCited by 55 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 18, 1914, which affirmed a judgment rendered at a Trial Term for the county of Rockland upon a verdict convicting the defendants of the crime of conspiracy. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 18, 1914, which affirmed a judgment rendered at a Trial Term for the county of Rockland upon a verdict convicting the defendants of the crime of conspiracy. The facts, so far as material, are stated in the opinion. The court erred in admitting in evidence as against the appellants the testimony of the witness Thomas Lynch concerning a telephone conversation alleged to have taken place between Lynch and the appellant Dunn relative to placing Fogarty in charge of the work of…

1Opinion of the Court

Cardozo, J.:

The Dunbar Contracting Company, its president and treasurer Bart Dunn, and Joseph J. Fogarty, a foreman of laborers in the service of the state, have been convicted of the crime of conspiracy. They are found to have conspired to defraud the state in the repair of a state road in Rockland and Orange counties. They did not do the work as the contract required it to be done; they did not supply material of the quantity or the quality which the contract made it necessary to supply; and by false estimates and reports and vouchers they covered up their wrongdoing and procured payment…

2Cases cited12 opinions

  1. People v. . FlackNew York Court of Appeals · 1891
  2. People v. . BuchananNew York Court of Appeals · 1895
  3. People v. . StrolloNew York Court of Appeals · 1908
  4. State v. . Baker and OthersSupreme Court of North Carolina · 1869
  5. Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812

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3Cited by55 opinions

  1. Snyder v. MassachusettsSupreme Court of the United States · 1934
  2. People v. LynesNew York Court of Appeals · 1980
  3. State v. HuffmanWest Virginia Supreme Court · 1955
  4. Fuller v. StateSupreme Court of Alabama · 1959
  5. Hartzell v. United StatesCourt of Appeals for the Eighth Circuit · 1934

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