Legal Opinion

Palmer v. City of Brooklyn

New York City Court

Decided February 25, 1895PublishedCited by 1 opinion

Appeal from special term. Action by Noyes F. Palmer against the city of Brooklyn to recover for services rendered by plaintiff as a surveyor. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed. The opinion at special term is as follows (CLEMENT, C. J.): “The plaintiff was employed as surveyor by the proper officers of the city, to make the necessary maps which were required in two proceedings for the opening of Railroad avenue and Barbey street.

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Appeal from special term. Action by Noyes F. Palmer against the city of Brooklyn to recover for services rendered by plaintiff as a surveyor. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed. The opinion at special term is as follows (CLEMENT, C. J.): “The plaintiff was employed as surveyor by the proper officers of the city, to make the necessary maps which were required in two proceedings for the opening of Railroad avenue and Barbey street. His compensation was fixed by the ordinances of the city. In other words, the plaintiff did not agree to do his work on a…

1Opinion of the CourtVan Wyck, J.

It appears, from the complaint in each of these actions, that plaintiff sues to recover compensation for making for the city the necessary maps required in the proceedings to open a street under the charter (Laws 1888, c. 583, tit. 19); that the defendant employed the plaintiff to make the maps at the proper stage of the proceedings, which maps he duly made and delivered *740to defendant, and that the amount claimed for such services is fixed by the ordinances of the city; that defendant, thereafter and before the assessments were imposed, rescinded the resolution directing and authorizing the…

2Cases cited6 opinions

  1. Sage v. . City of BrooklynNew York Court of Appeals · 1882
  2. Reilly v. . City of AlbanyNew York Court of Appeals · 1889
  3. Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
  4. McCormack v. . City of BrooklynNew York Court of Appeals · 1888
  5. Weston v. City of SyracuseNew York Supreme Court · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. City of Dunkirk v. WallaceIndiana Court of Appeals · 1898

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