People v. . Stephens
New York Court of Appeals
Appeals from judgments of the General Term of the Supreme Court, in the third judi.ci 1 department, in favor of defendants entered upon orders denying motions for new trials, and directing judgments upon orders nonsuiting plaintiffs upon the trials.
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Appeals from judgments of the General Term of the Supreme Court, in the third judi.ci 1 department, in favor of defendants entered upon orders denying motions for new trials, and directing judgments upon orders nonsuiting plaintiffs upon the trials. These actions were brought to recover damages alleged to have been sustained by the people in consequence of a fraudulent and unlawful combination and conspiracy between defendants, to prevent competition and to deceive the Contracting Board, in letting repair contracts for certain sections of the State canals, and to induce, and which did induce,…
1Concurrence
I concur in the opinion of Judge RAPALLO, and agree with him that the legal effect of the act of 1870 (Laws 1870, chap. 55), was to validate the canal lettings of 1866, and ratify the contracts then made, subject to the power then for the first time conferred upon the Canal Board, but only to be exercised upon the recommendation of the Canal Commissioners to cancel or annul any contract or contracts for repairs whenever they should deem it for the interests of the State. The Legislature had the right and the power to arrest the performance of any and every of the repair contracts then in…
2Cases cited16 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Whitney v. AllaireNew York Supreme Court · 1847
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
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