Wilson v. Webber
New York Supreme Court
Action by John H. Wilson against Fred W. Webber and others on a bond. A motion to dismiss the complaint was granted, and plaintiff moved for a new trial on exceptions ordered to be heard by the general term in the first instance. Granted. In 1893 the common council of the city of Loekport adopted an ordinance which provided for the grading, paving, and curbing of a portion of Niagara street, in that city, and advertised for proposals for the work.
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Action by John H. Wilson against Fred W. Webber and others on a bond. A motion to dismiss the complaint was granted, and plaintiff moved for a new trial on exceptions ordered to be heard by the general term in the first instance. Granted. In 1893 the common council of the city of Loekport adopted an ordinance which provided for the grading, paving, and curbing of a portion of Niagara street, in that city, and advertised for proposals for the work. Thereafter the contract for such work was awarded to the defendants Whitmore & Sheldon, and the same was reduced to proper form, and duly executed…
1Opinion of the CourtAdams, J.
The learned trial justice appears to have dismissed the plaintiff’s complaint solely upon the ground that the bond upon which this action is brought furnished the plaintiff with no cause of action against the sureties, Webber and Trevor, who are the only parties defending. It is true that this instrument runs to the city, and that the plaintiff is neither a party to it nor mentioned in it; but the action was brought, and is sought to be maintained, upon the theory that the bond nevertheless does indemnify him for the purchase price of the sand sold and delivered to Whitmore & Sheldon, the…
2Cases cited7 opinions
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- Gifford v. . CorriganNew York Court of Appeals · 1889
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- People v. . BackusNew York Court of Appeals · 1889
- Townsend v. . RackhamNew York Court of Appeals · 1894
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- Lyth v. HingstonAppellate Division of the Supreme Court of the State of New York · 1897
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