Murphy v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Westchester county. Action by Mary A. Murphy against the city of Yonkers. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtGoodrich, P. J.
The action is brought to recover a balance alleged to have been due from the defendant to one Dennis Murphy on a contract, and for extra work. The plaintiff is the assignee of the contract, and recovered judgment on a verdict for $5,000. From such judgment, and an order denying a motion for a new trial, the defendant appeals.
The contract, dated November 19,1888, provided for the building of a sewer east through Garden street into Nepperhan avenue, and north through that avenue to its intersection with Ashburton avenue. The price was to be $23,750, 10 per cent, of which was to be retained by…
2Cases cited4 opinions
- Lawrence v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- Dwyer v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1898
- Slattery v. MayorAppellate Division of the Supreme Court of the State of New York · 1898
- Lawrence v. MayorAppellate Division of the Supreme Court of the State of New York · 1898