Mayor of New York v. Brady
New York Supreme Court
Appeal from circuit court, New York county. Action by the mayor, aldermen, and commonalty of the city of New York against John Brady and another. There was a judgment for plaintiff on a verdict directed by the court, and defendants appeal.
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Appeal from circuit court, New York county. Action by the mayor, aldermen, and commonalty of the city of New York against John Brady and another. There was a judgment for plaintiff on a verdict directed by the court, and defendants appeal. August 31, 1883, Joseph D. Nutt and Patrick Kearns, who were partners under the firm name of Nutt & Kearns, entered into a contract in writing • with the mayor, aldermen, and commonalty of the city of New York, whereby they agreed, in consideration of certain payments therein provided for, to construct, a sewer in Ninth avenue, between Eighty-First and…
1Opinion of the CourtFollett, J.
There was no question of fact for the jury. The main contention on this appeal is, did the evidence establish 9 cause of action in favor of the plaintiffs? The learned counsel for the defendants insisted that their liability was not established, because it was not affirmatively shown that the judgment recovered by Cruikshank was for damages caused by some negligent act or omission of the contractors, for which, as between them and the city, they were primarily liable. That it was necessary to show this fact, unless some provision in the contract rendered it unnecessary, is established by…
2Cases cited3 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- City of Rochester v. . MontgomeryNew York Court of Appeals · 1878
- Mayor of Troy v. Troy & Lansingburgh RailroadNew York Supreme Court · 1870
3Cited by9 opinions
- Commissioners of Lexington v. Ætna Indemnity Co.Supreme Court of North Carolina · 1911
- Great Northern Railway Co. v. AkeleySupreme Court of Minnesota · 1903
- Lexington v. . Indemnity Co.Supreme Court of North Carolina · 1911
- City of Spokane v. CostelloWashington Supreme Court · 1906
- Mayor of New York v. BradyNew York Supreme Court · 1894
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