Beard v. City of Brooklyn
New York Supreme Court
APPEAL from a judgment of the city court of Brooklyn. The action was brought to recover a balance claimed to be due to the plaintiff, as assignee of James Collins, on a contract made by said Collins with the defendants, for graduating, regulating and forming an arch in Clinton avenue, from Wallabout road to the bulkhead.
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APPEAL from a judgment of the city court of Brooklyn. The action was brought to recover a balance claimed to be due to the plaintiff, as assignee of James Collins, on a contract made by said Collins with the defendants, for graduating, regulating and forming an arch in Clinton avenue, from Wallabout road to the bulkhead. The complaint alleged that the defendants agreed to cause due diligence to be used in laying, confirming and collecting the assessment for the cost of the work, but that they failed to do soj whereby the said assessment has not yet been collected. The answer contained a…
1Opinion of the Court
By the Court, Brown, J.
On the 14th of October, 1846, James Collins, the plaintiff’s assignor, entered into a written contract with the defendant to grade, regulate and form an arch in Clinton avenue, from the Wallabout road to the bulkhead in the city of Brooklyn, in the manner prescribed in the contract. The contractor was to receive payment for the work as the mojiey should be collected, from time to time, on the assessment therefor. This contract was made under the act to incorporate the city of Brooklyn, passed April 8th, 1834, the 40th section of which gives the common council power to…
2Cases cited3 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- Lake v. Trustees of the Village of WilliamsburghNew York Supreme Court · 1847
3Cited by16 opinions
- Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Buck v. City of LockportNew York Supreme Court · 1872
- Baldwin v. City of OswegoNew York Court of Appeals · 1865
- Richardson v. City of BrooklynNew York Supreme Court · 1861
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