Schwan v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Sohwan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 24th day of May, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term before the court without a jury.
1Opinion of the Court
Goodrich, P. J.:
The complaint alleged the following facts: On December 17, 1897, the village of Arverne-by-the-Sea entered into a written contract with the plaintiff, whereby he agreed to sprinkle certain streets of the village from May 1 to October 31, 1898, and also to fill up all culverts with water from his sprinkling carts, in dry weather, once every three days, and the village agreed to pay therefor $1,000. The plaintiff performed his work but has not been paid therefor, and has duly presented his claim to the comptroller of the city, who has refused to adjust or pay the same.
At the…
2Cases cited2 opinions
- Hendrickson v. . City of New YorkNew York Court of Appeals · 1899
- Hendrickson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899