Price v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Hew York, from a judg•ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of July, 1904, upon the report of a referee. Judgment affirmed, with costs, on the opinion of Hon. William J. Caer, Referee.
1Opinion of the Court
Bartlett, Woodward, Jenks, Rich and Miller, JJ., concurred.
The following is the opinion of Hon. William J. Carr, Referee:
Carr, Referee:
In December, 1901, the parties to this action entered into a written contract providing for the delivery by the plaintiff to the defendant of coal in an approximately estimated quantity of 17,900 tons, to be delivered at various specified pumping stations of the defendant from time to time, throughout the year 1902. For the coal so delivered the defendant agreed to pay at the rate of three dollars and eighty-seven cents a ton. Clause J of the contract and…
2Cases cited6 opinions
- Palmer v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1881
- Thomas v. StewartNew York Court of Appeals · 1892
- McCluskey v. National Life Ass'nNew York Supreme Court · 1894
- Gaffney v. BigelowNew York Supreme Court · 1876
- Snyder v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by4 opinions
- Fields v. Western Millers Mutual Fire InsuranceNew York Supreme Court · 1944
- Hartford v. Regal Shoe Store No. 162, Inc.City of New York Municipal Court · 1959
- Saffold v. FellowsNew York Surrogate's Court · 1926
- Freund v. A. Shapiro & SonCourt of Appeals for the Third Circuit · 1925