Brown v. Mayor

Westbrook. J.

Upon the trial of this canse, which involved work done for the city of Hew York in the repair of sewers, and ordered by the commissioners of public works of said city, the defendant insisted that the act of 1871 (chap. 220), under which it had been ordered, was repealed by chapter 335 of the Laws of 1873, entitled “An act to reorganize the local government of the city of New York; ” and that as the work had not been done by contract, as provided by section 91 of said latter act, the plaintiff could not recover.

As the city of New York has had the benefit of the labor and materials…