Mechanics' & Traders' National Bank v. Winant
New York Supreme Court
Appeal from judgment on report of Thomas Allison, Beferee. Action by the Mechanics’ & Traders’ National Bank, assignee of Michael Gavin, against the city of New York; Cornelius J. Winant afterwards becoming a defendant. From a judgment on a report of a referee Winant appealed.
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Appeal from judgment on report of Thomas Allison, Beferee. Action by the Mechanics’ & Traders’ National Bank, assignee of Michael Gavin, against the city of New York; Cornelius J. Winant afterwards becoming a defendant. From a judgment on a report of a referee Winant appealed. One witness testified that Winant not only did not file his claim with the commissioner of public works, as he claimed, but refused to do so, and insisted upon filing it with the comptroller; and before the attention of Winant was directed to the fact that he had filed the claim with the wrong official, as referred to…
1Opinion of the CourtVan Brunt, P. J.
In June, 1875, the mayor, etc., entered into a contract with one Michael Gavin for regulating, etc., certain sidewalks .on Lexington avenue, in the city of New York. The contract contained a provision that Gavin should be paid for such work in monthly installments of 70 per cent, of the value thereof, and that the city should retain 30 per cent, of the amount claimed under said contract; and by the contract Gavin agreed that he would furnish to the commissioner of public works with satisfactory evidence that all persons who had done work and furnished materials under the agreement, and had…
2Cited by3 opinions
- Bates v. Salt Springs Nat. Bank of SyracuseNew York Supreme Court · 1895
- Mayor, Aldermen and Commonalty v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1909
- Bates v. Trustees of Masonic Hall & Asylum FundNew York Supreme Court, Oneida County · 1894