Pennsylvania Cement Co. v. Bradley Contracting Co.

(after stating the facts as above).

The question presented in. this proceeding is as to the claimant’s right to have -his claim, as filed, paid out of the assets of the Bradley Company in the hands of its receivers. We must determine whether the order entered in the court below, disallowing and dismissing the claim, was erroneous. The claim as filed stated no cause of action in tort, but was based solely upon the contract between the city of New York and the Bradley Company. The essential part of Bolger’s statement of claim may be found in the margin. 1

After • this claim was filed, the…