Ross v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by J. Stewart Ross, as executor of James F. Gillen, deceased, against the city of New York. From a judgment entered on the report of the referee in favor of plaintiff, defendant appeals.
1Opinion of the CourtGoodrich, P. J.
This action was brought to recover a balance claimed to be due to James F. Gillen under a contract made between him and the board of sewer commissioners for the village of Jamaica, dated April 28, 1897, for the laying of a sewer in that village. The work was to be completed on or before October 1, 1897, and no payments were to become due until the completion of the work had been duly certified by the engineer in charge of the work, and approved by said commissioners. The complaint alleged that the plaintiff fully performed and completed his contract on or before December 31, 1897, and that…
2Cases cited2 opinions
- Doll v. . NobleNew York Court of Appeals · 1889
- Bowery National Bank v. Mayor of New YorkNew York Court of Appeals · 1875
3Cited by1 opinion
- Vacuum Cleaner Co. v. Broadway Cortlandt Co.Appellate Terms of the Supreme Court of New York · 1912