Kingsley v. City of Brooklyn
New York City Court
Appeal by both, parties from a judgment. William C. Kingsley and Abner C. Keeney sued the city of Brooklyn to recover a balance of $178,000, claimed due for work and materials for the Hempstead reservoir under a contract made between the city, by tke Permanent Board of Water and Sewerage Commissioners for the city, and the plaintiffs.
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Appeal by both, parties from a judgment. William C. Kingsley and Abner C. Keeney sued the city of Brooklyn to recover a balance of $178,000, claimed due for work and materials for the Hempstead reservoir under a contract made between the city, by tke Permanent Board of Water and Sewerage Commissioners for the city, and the plaintiffs. The material allegations of the pleadings which are indicated in the opinion, are more fully stated in the report of the motion for a reference (1 Abb. New Cas. 111). The gist of the defense was, that the city designed to have a storage reservoir, complete, with…
1DissentReynolds, J.
[Dissenting]. — As I do not concur in the decision to be given in this case, it is, perhaps, proper that I should make a brief memorandum, stating in general terms the ground of my dissent.
The only authority for the construction of the work upon which the plaintiffs were employed, is to be found in the act of 1871, which provides that “it shall be the duty of the permanent board of water and sewerage commissioners of the city of Brooklyn, to proceed to carry into effect the plan for furnishing an increased supply of water for said city, and for such extension of the present water-works of…
2Cases cited33 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
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