Baldwin v. Mayor
New York Court of Appeals
A motion was made at a Special Term of the Supreme Court, in the first district, to set aside the judgment of the plaintiffs herein, on the ground that it was obtained by collusion and was founded in fraud. On the 30th of November, 1864, that motion was granted ; on appeal, the order was affirmed at General Term in February, 1866, and the plaintiffs have appealed therefrom to this court.
Read the full summary
A motion was made at a Special Term of the Supreme Court, in the first district, to set aside the judgment of the plaintiffs herein, on the ground that it was obtained by collusion and was founded in fraud. On the 30th of November, 1864, that motion was granted ; on appeal, the order was affirmed at General Term in February, 1866, and the plaintiffs have appealed therefrom to this court. The judgment was recovered on the 13th of June, 1863, for $74,299.40, and was founded on the award made as hereinafter stated. The Croton aqueduct board, in the fall of 1858, advertised for bids for…
1Dissent
Hunt, J. (dissenting).
This is an appeal from an order made at a Special Term, vacating a judgment in favor of the plaintiffs for $74,299.40, which was subsequently affirmed at the General Term of the first district. The action in which the judgment was obtained, was brought upon an award made by Judge Barnard, Lieutenant-Governor Alvord and Mr. Waters, under the act of the legislature hereafter mentioned. In 1858, the Croton aqueduct board advertised for proposals for constructing certain gate houses upon their works, for which the plaintiffs made an estimate, and were adjudged by the board…
2Cases cited19 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- The People v. . KerrNew York Court of Appeals · 1863
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- The People v. . McCannNew York Court of Appeals · 1857
14 more not listed; retrieve them via the Exa API.