Jones v. Mayor
The Superior Court of New York City
This was a motion for judgment on the pleadings. The complaint alleged that the plaintiff, in the years 1865 and 1866, performed labor in printing and publishing, and furnished materials for the board of aMermen and councilmen of the city of'Hew York, which labor was performed and materials furnished to the defendants at their request, and amounted, in value, to $60,334.50. ■ It further alleged a presentation of the- claim to the comptroller of the city of Hew York for…
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This was a motion for judgment on the pleadings. The complaint alleged that the plaintiff, in the years 1865 and 1866, performed labor in printing and publishing, and furnished materials for the board of aMermen and councilmen of the city of'Hew York, which labor was performed and materials furnished to the defendants at their request, and amounted, in value, to $60,334.50. ■ It further alleged a presentation of the- claim to the comptroller of the city of Hew York for signature or payment, and that more than twenty days had elapsed since such presentation. It further alleged that a second…
1Opinion of the CourtJones, J.
It is not denied in the answer of the defendants that the common council ordered the work for whose value this action is brought; that the work was such as fell within the scope of their corporate powers to order; that it was performed; and that the compensation demanded therefor is reasonable; but the sole point made by the defendants’ counsel, in support of the defense, is that by reason of a statutory restriction the common council, although it had power to order' the work, yet it had no power to incur the expense necessary for its performance, until an appropriation covering the expense…
2Cases cited6 opinions
- Donovan v. . the Mayor, C., of N.Y.New York Court of Appeals · 1865
- Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
- Brady v. Mayor of New YorkThe Superior Court of New York City · 1867
- People ex rel. McSpedon v. StoutNew York Supreme Court · 1856
- Altemus v. MayorThe Superior Court of New York City · 1857
1 more not listed; retrieve them via the Exa API.