Reilly v. . City of Albany
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the third judicial department, entered upon an order made February 8, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. - Under the charter, as it existed when the contract was let, such contracts were to be paid from assessments collected.
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Appeal from judgment of tlie General Term of the Supreme Court in the third judicial department, entered upon an order made February 8, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. - Under the charter, as it existed when the contract was let, such contracts were to be paid from assessments collected. (Laws of 1872, chap. 302, § 3.) "Where a way of payment is prescribed by statute or by the contract, that way must be strictly pursued. (Swift v. Mayor, etc., 83 N. Y. 528-535; Dannat v.…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff, as assignee of the contractor, brought this action upon contract, to recover the stipulated price for grading, paving and flagging Knox street, in the city of Albany. The evidence fully sustained the verdict of the jury, that the contractor had substantially performed his contract in accordance with its terms, and such finding entitled the plaintiff to recover, unless the provisions as to the time and mode of payment, specified in the contract, presented a defense to the action. It is contended by the appellant that the conditions upon which the defendant agreed to…
2Cases cited3 opinions
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
- In the Matter of the Application of LangeNew York Court of Appeals · 1881
3Cited by49 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
- Commercial National Bank v. City of PortlandOregon Supreme Court · 1893
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