Tribune Ass'n v. Mayor
New York Supreme Court
11HIS action was brought to recover for publishing the pro- . ceedings of the common council, and reports of the city inspector, amounting to twenty-two hundred and thirty-eight dollars. The defendants, in their answer, admit that the plaintiffs did publish the proceedings of the common council, and that such publication was worth the sum of seventeen hundred and twenty-four dollars.
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11HIS action was brought to recover for publishing the pro- . ceedings of the common council, and reports of the city inspector, amounting to twenty-two hundred and thirty-eight dollars. The defendants, in their answer, admit that the plaintiffs did publish the proceedings of the common council, and that such publication was worth the sum of seventeen hundred and twenty-four dollars. The plaintiffs moved at special term for an order directing judgment to be entered against the defendants for the amount admitted in the answer, with interest and costs. Proof was furnished that the amount of the…
1Opinion of the CourtIngraham, J.
In ordinary cases the motion was proper, and should be granted. The admission, in the answer, of the amount and value of the work done, established that the plaintiffs’ claim was valid and ought to be paid. The only question then arises as to the force of the provisions of the act of 1866, which provides that “ no judgment in actions upon contract shall be entered by default or otherwise, in any court, against said corporation, except upon proofs, in open court, that the amount sought to be recovered in said judgment still remains unexpended in the city treasury to the credit of the…
2Cases cited3 opinions
- People ex rel. Fleming v. LivingstonNew York Supreme Court · 1831
- Bates v. StearnsNew York Supreme Court · 1840
- Meyer v. RooseveltNew York Supreme Court · 1863
3Cited by2 opinions
- Quinn v. Mayor of New YorkNew York Supreme Court · 1872
- Sullivan v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Common Pleas · 1873