Nelson v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 5 Hun, 190.) The nature of the action and the material facts are set forth sufficiently in the opinion. It was not necessary to the validity of the contract that it should be authorized by an ordinance of the common council.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 5 Hun, 190.) The nature of the action and the material facts are set forth sufficiently in the opinion. It was not necessary to the validity of the contract that it should be authorized by an ordinance of the common council. (1 Laws 1870, 384; 2 Laws 1866, 1193, chap. 551; Laws 1865, 717; Green v. Mayor, Ct. Apps., March, 1875 ;* People v. Van Nort, 64 Barb., 205; In re…
1Opinion of the CourtRapallo, J.
This action is brought to recover the sum of $54,550.60, and interest for a balance claimed by the plaintiff to be due to him upon a contract for furnishing sewer drain, pipes and invert blocks. The contract was made on the 29th of April, 1871, between the plaintiff and the defend ant, acting through the commissioner of public works. The whole amount payable, according to the contract, was $181,835.40, of which the defendant has paid $127,284.80, leaving unpaid the balance claimed.
It is undisputed that the materials were delivered pursuant to the contract, and accepted by the proper…
2Cases cited3 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Donovan v. . the Mayor, C., of N.Y.New York Court of Appeals · 1865
- Greene v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1875
3Cited by31 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Kramrath v. . City of AlbanyNew York Court of Appeals · 1891
- McBrian v. City of Grand RapidsMichigan Supreme Court · 1885
- Smith v. . City of NewburghNew York Court of Appeals · 1879
- Abells v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1896
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