McDonald v. Mayor of New York
New York Supreme Court
■ Appeal by defendants from a judgment in favor of plaintiff entered on report of a referee. The action was brought by William McDonald against the Mayor, Aldermen and Commonalty of the city of ¡New York to recover the value of'certain quantities of gravel, etc., which plaintiff alleged he had furnished the city in the years 1868 and 1870. The delivery was under an agreement with the superintendent of roads, and the materials were used on the public roads.
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■ Appeal by defendants from a judgment in favor of plaintiff entered on report of a referee. The action was brought by William McDonald against the Mayor, Aldermen and Commonalty of the city of ¡New York to recover the value of'certain quantities of gravel, etc., which plaintiff alleged he had furnished the city in the years 1868 and 1870. The delivery was under an agreement with the superintendent of roads, and the materials were used on the public roads. The defendants resisted the claim on the ground that the superintendent was not authorized to make the purchase. The cause was referred…
1Opinion of the CourtDavis, P. J.
The recovery in this case is for the value of materials furnished by plaintiff and used by certain officers of the city in the repairing of public streets. There is no question but that the materials were furnished and used; nor that the recovery is for their fair value; and there seems to be no doubt but that the plaintiff who delivered them, and the officer who ordered and received and *178used them, acted in good faith. To reverse the recovery under such circumstances seems a harsh measure of justice-. But it must not he forgotten that officers of the corporation and of its several departments…
2Cases cited3 opinions
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
- President & Co. of the Mahaiwe Bank v. CulverNew York Court of Appeals · 1864
- Ellis v. Mayor of New YorkNew York Court of Common Pleas · 1861