Legal Opinion

Brady v. . the Mayor, C., of the City of New York

New York Court of Appeals

Decided December 5, 1859PublishedCited by 98 opinions

Appeal from a judgment of the Superior Court of the city of New York. The action was bronght to recover the amount claimed to be due the plaintiff for work under a contract in writing between the parties, entered into by the street commissioners on behalf of the city, for setting curb and gutter stones, and flagging Eighty-third street, from the Third avenue to Aventie A. The case was tried before a referee.

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Appeal from a judgment of the Superior Court of the city of New York. The action was bronght to recover the amount claimed to be due the plaintiff for work under a contract in writing between the parties, entered into by the street commissioners on behalf of the city, for setting curb and gutter stones, and flagging Eighty-third street, from the Third avenue to Aventie A. The case was tried before a referee. The following facts appeared in evidence: on the 8th day of June, 1854, the common council of New York adopted a resolution and ordinance, directing that curb and gutter stones be set and…

1Opinion of the CourtDenio, J.

The 12th section of the act of 1853, amending the charter of the city of New York, established a system by which all work to be performed for the city which should cost more than $250 should be subjected to public competition, and should be given out to the party who would undertake to do it for the smallest amount of money. It was based upon motives of public economy, and originated, perhaps, in some degree of distrust of the officers to whom the duty of making contracts for the public service was committed. If executed according to its intention, it will preclude favoritism and jobbing, and…

2Cited by98 opinions

  1. Jered Contracting Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1968
  2. Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
  3. Moore v. . MayorNew York Court of Appeals · 1878
  4. Inge v. Board of Public Works of MobileSupreme Court of Alabama · 1902
  5. People Ex Rel. Coughlin v. . GleasonNew York Court of Appeals · 1890

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