Titusville Iron Co. v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1911, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1911, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Section “ Q ” of the contract with Hillman does not justify the appropriation of the plaintiff’s property for public use, either by the municipality or by Olvany, its contractor, without payment therefor. (McNulty v. City of New York, 168 N. Y. 117; Milbank v. Jones, 127…
1Opinion of the Court
Cullen, Ch. J.
On January 27th, 1906, one Hillman entered into a contract with the defendant board of education to furnish and install a heating and ventilating apparatus in a public school. Subsequently the plaintiff sold and delivered to Hillman certain boilers, castings and other parts of a heating apparatus which Hillman intended to use in the performance of his contract, but, so far as appears in the evidence, were not installed in the building, nor delivered to or accepted by the board of education. The plaintiff was never paid by Hillman for the property. In June following proceedings…
2Cases cited11 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Hauselt v. HarrisonSupreme Court of the United States · 1882
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
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3Cited by63 opinions
- Barnett v. JaspanCourt of Appeals for the Second Circuit · 1942
- Herman v. . Board of EducationNew York Court of Appeals · 1922
- Daniman v. Board of EducationNew York Court of Appeals · 1954
- People Ex Rel. Wells Newton Co. v. . CraigNew York Court of Appeals · 1921
- McCoy v. American Express Co.New York Court of Appeals · 1930
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