Legal Opinion

Matter of Pelton

New York Court of Appeals

Decided June 21, 1881PublishedCited by 4 opinions

This was an appeal from an order of General Term, affirming an order of Special Term vacating an assessment for a sewer in Eleventh avenue, in the city of New York.

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This was an appeal from an order of General Term, affirming an order of Special Term vacating an assessment for a sewer in Eleventh avenue, in the city of New York. The objections to the assessment appear in the Mem. of the court, of which the following is a copy: “ The items for rock excavation and foundation plank could not legally be included in the assessment, for the reason that the prices were fixed in the proposal, and were not ascertained by competitive bidding, as required by law. This point has been adjudged in several cases, of which In re Merriam* is the latest. But that case also…

1Per curiam

Mem. for modification of order by reducing assessment in accordance with In re Merriam, and allowing interest from daté of ascertainment of amount.

All concur.

Ordered accordingly.

2Cited by4 opinions

  1. In re ShafferAppellate Division of the Supreme Court of the State of New York · 1910
  2. Burns v. City of DuluthSupreme Court of Minnesota · 1905
  3. People ex rel. Stow v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1899
  4. Smallwood v. Comptroller of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901

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