People ex rel. United Construction Co. v. Voorhies
Appellate Division of the Supreme Court of the State of New York
Cebtioeabi issued out of the Supreme Court and attested on the 26th day of August, 1905, directed to William B. Yoorliies, supervisor, and others, composing the town board of the town of Rockland, requiring them to certify and return to the office of the clerk of the county of Sullivan all and singular their proceedings had in relation to their refusal to audit the claim of the United Construction Company.
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Cebtioeabi issued out of the Supreme Court and attested on the 26th day of August, 1905, directed to William B. Yoorliies, supervisor, and others, composing the town board of the town of Rockland, requiring them to certify and return to the office of the clerk of the county of Sullivan all and singular their proceedings had in relation to their refusal to audit the claim of the United Construction Company. This is a certiorari to review the action of the town board in rejecting the relator’s claim for damages for not accepting six bridges contracted for by the commissioner of highways with…
1Opinion of the Court
Kellogg, J.:
It is clear that the commissioner and town board had no right to enter into the contract for these new bridges under section 10 of the Highway Law (Laws of 1890, chap. 568, as amd. by Laws of 1895, chap. 606, and Laws of 1899, chap. 84), the old bridges not having been destroyed or damaged except by natural wear. (Livingston v. Stafford, 99 App. Div. 108.) The relator contends, however, that the "respondents are estopped from denying liability. The affirmative rests upon it to establish facts constituting such estoppel. There is an absence of all the necessary elements of ah…
2Cases cited1 opinion
- Livingston v. StaffordAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Farnsworth v. . Boro Oil Gas Co.New York Court of Appeals · 1915
- People ex rel. United Construction Co. v. VoorhiesAppellate Division of the Supreme Court of the State of New York · 1906