Legal Opinion

Keane v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 7 opinions

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 20th day of May, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.

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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 20th day of May, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term. The plaintiffs, doing business under the name of James R. Keane & Co., furnished and delivered to the fire department of Ne.w York city divers goods, wares and merchandise, and made repairs for said department between July 26, 1898, and August 29, 1901, and suck goods and work were ordered…

1Opinion of the Court

O'Brien, J.:

There is no serious dispute as to the facts and our conclusion must turn upon the determination of a clean-cut question of law. It appears that the purchases here, though exceeding in the aggregate $1,000, were made at different times, and at no time did any of the orders given for supplies reach that figure. The purchases, therefore, in each instance being for less than $1,000, might be sustained if the provisions of the charter relating to the purchase of articles of supply for a less sum than $1,000 were complied with. The language of the charter (Laws of 1897, chap. 378, §…

2Cases cited4 opinions

  1. McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
  2. Parr v. President & Trustees of the GreenbushNew York Court of Appeals · 1878
  3. Donovan v. . the Mayor, C., of N.Y.New York Court of Appeals · 1865
  4. Walton v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by7 opinions

  1. Paul v. City of SeattleWashington Supreme Court · 1905
  2. Claim of Pache v. Aviation Volunteer Fire Co.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Konnoson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938
  4. Dady v. City of New YorkNew York Supreme Court · 1909
  5. Pierce v. Board of EducationNew York Supreme Court · 1925

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