Bigler v. Mayor of New York
New York Supreme Court
Motion to dismiss complaint. This action was brought by James Bigler, William Chambers,, and George H. Southard, composing the firm of J. Bigler & Co., against the Mayor, &c. of New York, to recover $66,127, balance due on a contract for furnishing lumber, &c., to the department of docks of said city.
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Motion to dismiss complaint. This action was brought by James Bigler, William Chambers,, and George H. Southard, composing the firm of J. Bigler & Co., against the Mayor, &c. of New York, to recover $66,127, balance due on a contract for furnishing lumber, &c., to the department of docks of said city. The said contract was made July 29, 1873, between the mayor, aldermen, and commonalty of the city of New York, by the department of docks of said city, and the plaintiffs, by which the latter agreed to furnish the materials specified therein, in such quantities, and at such places in the city of…
1Opinion of the CourtVan Brunt, J.
In view of the magnitude of the interests which are necessarily involved in this case, it may not be improper for me to state a little more in *56detail than nsnal the considerations which have led me to the conclusion which I have come to upon the motion to dismiss the complaint in this case. We find that the government of the city of New York is made 'up of a series of independent departments, none of which are answerable to any given head, and are supreme to a very great extent within the range of duties which are confided to them for execution. We find a police department, a fire department,…
2Cases cited6 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
- Pettis County v. KingsburySupreme Court of Missouri · 1853
- Eno v. Mayor of New YorkNew York Court of Appeals · 1877
- Baldwin v. City of OswegoNew York Court of Appeals · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Matter of McNutt Co. v. EckertNew York Court of Appeals · 1931
- Park v. Board of CommissionersIndiana Court of Appeals · 1892
- Schieffelin v. HylanNew York Supreme Court · 1919
- Boon v. City of UticaNew York Supreme Court · 1893
- Allen v. RogersMissouri Court of Appeals · 1886
4 more not listed; retrieve them via the Exa API.