McKay v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Eleventh Ward Bank, from a ■judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Yew York on the 13th day of June,. 1899, upon the decision of the court, rendered after a trial at the Yew York Special Telan, distributing moneys due under a contract with the city.
1Opinion of the Court
O’Brien, J.:
This action was brought to- determine the rights of various parties to- money due under a contract-made and entered' into on June. 24, 1897, between David F. Gibb and the city of Yew York, through the board of education, for the building of a schoolhouse. The total amount of the contract was $124,164, of which there has been paid $93,600, leaving in the hands of the comptroller the sum of $30,564, which is the subject of this controversy.
The contractor testified that the claim of the Eleventh Ward Bank ivas for money borrowed to use for payrolls and to pay bills; that he, the…
2Cases cited6 opinions
- Fortunato v. . PattenNew York Court of Appeals · 1895
- Lauer v. . DunnNew York Court of Appeals · 1889
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
- Merchants & Traders' National Bank v. Mayor of New YorkNew York Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brace v. . City of GloversvilleNew York Court of Appeals · 1901
- Riverside Contracting Co. v. City of New YorkNew York Court of Appeals · 1916
- Terwilliger v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903
- City of New York v. Third Nat. BankCourt of Appeals for the Second Circuit · 1915
- Episcopo v. Mayor of New YorkNew York Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.