Kingsley v. City of Brooklyn
New York City Court
Motion by plaintiff for an order of reference. This action was brought by William C. Kingsley and Abner C. Keeney against the City of Brooklyn to recover a balance of one hundred and seventy-eight thousand dollars, claimed to be due for work done upon, and materials furnished for the Hempstead Reservoir by the plaintiffs, under a contract made between the city of Brooklyn, by the Permanent Board of Water and Sewerage Commissioners for said city, and the plaintiff.
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Motion by plaintiff for an order of reference. This action was brought by William C. Kingsley and Abner C. Keeney against the City of Brooklyn to recover a balance of one hundred and seventy-eight thousand dollars, claimed to be due for work done upon, and materials furnished for the Hempstead Reservoir by the plaintiffs, under a contract made between the city of Brooklyn, by the Permanent Board of Water and Sewerage Commissioners for said city, and the plaintiff. The complaint alleged the contract, of which it set forth a copy. The clauses as to compensation provided that for performance…
1Opinion of the Court
Neilson, Ch. J.
This action was brought to recover a balance of $178,000, claimed to be due for work done upon, and materials furnished for the Hempstead Reservoir by the plaintiffs, under their contract with the defendant.
The answer sets up new matter to impeach the validity of the contract, and the good faith and management of the plaintiffs, and of the persons who acted officially in making that contract, and controverts the claims in the complaint stated. It was drawn with great care, and is broad enough to admit whatever pertinent evidence the defendant may have to offer. The learned…
2Cases cited2 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Schermerhorn v. WoodNew York Court of Common Pleas · 1871
3Cited by5 opinions
- Bigler v. Mayor of New YorkNew York Supreme Court · 1877
- Briggs v. HilesWisconsin Supreme Court · 1891
- United States Rolling Stock Co. v. JohnstonWisconsin Supreme Court · 1886
- Cassidy v. McFarlandNew York Court of Common Pleas · 1892
- Devlin v. MayorNew York Court of Common Pleas · 1882