McCluskey v. . Cromwell
New York Court of Appeals
The action was commenced in the supreme court, on the 27th of April, 1852. The complaint alleged that in August, 1851, the defendant Cromwell contracted with the canal commissioners of the state of New-York, to construct locks Nos. 108 and 109 on the Black River Canal, and that thereupon he and Utley, the other defendant, pursuant to chapter 278 of the laws of 1850, executed a bond to the people of the state of New-York in the penalty of three thousand dollars, and…
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The action was commenced in the supreme court, on the 27th of April, 1852. The complaint alleged that in August, 1851, the defendant Cromwell contracted with the canal commissioners of the state of New-York, to construct locks Nos. 108 and 109 on the Black River Canal, and that thereupon he and Utley, the other defendant, pursuant to chapter 278 of the laws of 1850, executed a bond to the people of the state of New-York in the penalty of three thousand dollars, and conditioned that if the said Andrew E. Cromwell, his heirs, executors and administrators, should and did well and truly pay or…
1Opinion of the CourtW. F. Allen, J.
The contractor Cromwell was not prohibited by any law from sub-letting the work of constructing the locks agreed to be built by him. But for the provisions, of his contract with the canal commissioners he would have been at liberty to perform his undertaking with the state by sub-contractors or by any other instrumentality that he had pleased to employ.
The provision against subletting was inserted by the canal commissioner in his contract,- for the reason that it was supposed calculated to promote the interests of the state, and secure the faithful performance of the work, and not with a view…
2Cases cited3 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Waller v. HarrisNew York Supreme Court · 1838
- Donaldson v. Wood & WoodCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by184 opinions
- People v. JelkeNew York Court of Appeals · 1954
- Meltzer v. KoenigsbergNew York Court of Appeals · 1951
- New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
- Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
- People v. GrahamNew York Court of Appeals · 1982
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