Moore v. . Mayor
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, setting aside a verdict in favor of plaintiff, and directing a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, setting aside a verdict in favor of plaintiff, and directing a new trial. (Reported below, 4 Hun, 545.) This action was brought to recover a balance alleged to be due and unpaid upon a contract made and entered into September 15, 1866, by and between the corporation of the city of New York, by the Croton Aqueduct Board and Robert Jardine, plaintiff’s assignor, for the paving of Eighth avenue, from Forty-second to Fifty-eighth streets. The contract was entered into, under the terms of, and pursuant to…
1Opinion of the CourtAllen, J.
The objection to a recovery in this action mainly relied upon is, that the contract for the performance of the work mentioned in the complaint is void for want of legal authority in the “ Croton Aqueduct Board ” to make the same in behalf of the city. The authority of the board to let the contract is challenged for an alleged informality or irregularity in the action of the common council in passing the ordinance for the pavement of Eighth avenue. It is not claimed that the contract was not formally and regu larly made with the lowest bidder, after advertising for proposals, and by the proper…
2Cases cited7 opinions
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Moran v. the Commissioners of Miami CountySupreme Court of the United States · 1863
- BISSELL v. City of JeffersonvilleSupreme Court of the United States · 1861
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3Cited by102 opinions
- E.F.S. Ventures Corp. v. FosterNew York Court of Appeals · 1988
- Sluder v. City of San AntonioTexas Commission of Appeals · 1928
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Eden v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1975
- Burns v. City of NashvilleTennessee Supreme Court · 1919
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