John Lyth & Sons v. Town of Evans
New York County Courts
Appeal from a judgment rendered in a Justices’ Court. Action to recover the value of certain sewer pipe sold and delivered at the special instance and request of the commissioner of highways of the town of Evans.
1Opinion of the CourtEmery, J.
This is an appeal from a judgment rendered in Justice’s Court, on the 30th day of January, 1900, in favor of the plaintiffs. The action was brought to recover the value of certain sewer pipe sold and delivered at the special instance and request of the commissioner of highways of the town of Evans, *222and which was used in draining and repairing the highways in said town.
It is not disputed, and cannot be, that, prior to the enactment of the Highway Law (ch. 568) and the Town Law (ch. 569), in the year 1890, this action could not be maintained against the town; but it is insisted, on behalf of…
2Cases cited8 opinions
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- People ex rel. Bevins v. Board of Sup'rsNew York Supreme Court · 1894
- People ex rel. Hamm v. Board of Town AuditorsAppellate Division of the Supreme Court of the State of New York · 1899
- Robinson v. Town of FowlerNew York Supreme Court · 1894
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3Cited by3 opinions
- Lattin v. Town of Oyster BayNew York Supreme Court · 1901
- Myruski v. Town BoardNew York Supreme Court · 1976
- Wright v. Town of Wilmurt, New York County Courts1904