Gage v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of New York and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of November, 1905, continuing a temporary injunction restraining the city and the commissioner of bridges from entering into a contract with the Pennsylvania Steel Company for the construction of the 'superstructure of the Manhattan bridge over the East river.
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Appeal by the defendants, The City of New York and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of November, 1905, continuing a temporary injunction restraining the city and the commissioner of bridges from entering into a contract with the Pennsylvania Steel Company for the construction of the 'superstructure of the Manhattan bridge over the East river. The action is by a taxpayer and it is brought pursuant to the provisions of section 1925 of the Code of Civil Procedure and…
1Opinion of the Court
Laughlin, J. :
The first ground upon which 'we are asked to reverse the order continuing the injunction is that the action is brought in bad faith. The suggestion requires consideration in weighing the evidence and in a doubtful case might determine the view of the court on the , facts. The plaintiff;, however, shows that he is- qualified as a taxpayer to bring the action. It is to be borne in mind that few others than the public officials and bidders and those employed by them understand or become acquainted with the plans and specifications of a work of this magnitude and intricacy involving…
2Cases cited4 opinions
- Knowles v. . City of New YorkNew York Court of Appeals · 1903
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- McCord v. LauterbachAppellate Division of the Supreme Court of the State of New York · 1904
- Knowles v. City of New YorkNew York Supreme Court · 1902
3Cited by24 opinions
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- State Ex Rel. Normile v. CooneyMontana Supreme Court · 1935
- Matter of McNutt Co. v. EckertNew York Court of Appeals · 1931
- Grace v. ForbesNew York Supreme Court · 1909
- Weimer v. Board of EducationNew York Court of Appeals · 1981
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