Davidson v. . Village of White Plains
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 21, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the .opinion. The action was properly brought against the village of White Plains and a cause of action stated.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 21, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the .opinion. The action was properly brought against the village of White Plains and a cause of action stated. (Fleming v. Vil. of Suspension Bridge, 92 N. Y. 368; King v. Vil. of Randolph, 28 App. Div. 25; Pettengill v. City of Yonkers, 116 N. Y. 558; Seeley v. City of…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to recover the price of a pumping engine alleged to have been sold and delivered to the village of White Plains, for which defendant failed to pay. The answer denied the sale to the defendant, alleged that the sale was to the water commissioners of the village; that "there was an agreement that the engine would do certain work; that the pump failed to comply with the terms of the agreement, and that it was rejected by the commissioners and the plaintiff notified to remove the same. At the opening of the case the defendant moved to dismiss the complaint on…
2Cases cited6 opinions
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Swift v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1881
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Dannat v. Mayor of New YorkNew York Court of Appeals · 1876
- Fleming v. . Village of Suspension BridgeNew York Court of Appeals · 1883
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3Cited by15 opinions
- People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
- Green v. . Des GaretsNew York Court of Appeals · 1913
- Kelly v. St. Michael's Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1912
- Potts v. City of UticaCourt of Appeals for the Second Circuit · 1936
- People Ex Rel. Farley v. . WinklerNew York Court of Appeals · 1911
10 more not listed; retrieve them via the Exa API.