People ex rel. Treat v. Coler
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Ralph J. Treat, from am order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of June, 1900, denying the relator’s motion for a peremptory •writ of mandamus to compel the defendant to deliver a warrant on the chamberlain of the city of New York for the payment of the amount earned under a contract for the construction of sewers in East One Hundred and Eighty-second…
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Appeal by the relator, Ralph J. Treat, from am order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of June, 1900, denying the relator’s motion for a peremptory •writ of mandamus to compel the defendant to deliver a warrant on the chamberlain of the city of New York for the payment of the amount earned under a contract for the construction of sewers in East One Hundred and Eighty-second street, between Washington and Third avenues, in the city of New York.
1Opinion of the Court
Hatch, J. :
So far as disclosed by the record upon this appeal the relator has performed his contract for the construction of sewers and appurtenances, which was made between himself and the city of New York. By the terms of the contract payment was only to be made when the contract should be completed and duly certified by the engineer and the inspector in charge of the work, and by1 the inspector appointed by the commissioner of sewers to examine the interior of the constructed work, and upon the performance of every stipulation contained in the contract to be performed by the relator! The…
2Cases cited6 opinions
- People v. . StephensNew York Court of Appeals · 1878
- Smith v. . AlkerNew York Court of Appeals · 1886
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
- People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
- Matter of FreelNew York Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Knowles v. City of New YorkNew York Supreme Court · 1902
- Universal By-Products Corp. v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1926
- Vacheron v. City of New YorkNew York Supreme Court · 1901
- N. P. Nelson Iron Works, Inc. v. BerryAppellate Division of the Supreme Court of the State of New York · 1933
2 more not listed; retrieve them via the Exa API.