Walton v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on. the 17th day of- February, 1897, upon the verdict of a jury - rendered by direction of the court, and also from an order entered in said clerk's office on the 23d day of April, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This action is brought to recover for goods sold and delivered. The complaint alleges “that between the eighth day of January, 1896, and the seventeenth day of April, 1896, the plaintiffs sold, furnished and delivered to the defendant, at its request, goods, wares and merchandise at the agreed upon price of four thousand two hundred and eighty-six dollars and fifty-six cents ($4,286.56), which was the reasonable value thereof.” There is no allegation that a necessity existed for the purchase or use of any of the materials, or that such a necessity was certified to by the head of…
2Cases cited2 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Smith v. . City of NewburghNew York Court of Appeals · 1879
3Cited by14 opinions
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- La France Fire Engine Co. v. City of SyracuseNew York Supreme Court · 1900
- Moran Towing & Transp. Co. v. City of New YorkDistrict Court, S.D. New York · 1929
- Keane v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Suburban Electric Light Co. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1899
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