Burhans v. Union Free School District No. 1
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Union Free School District No. 1 of the town of Canton, New York, from a judgment of the Supreme Court in favor of plaintiffs for $1,383.62, damages and costs, entered in the office of the clerk of the county of Onondaga on the 11th day of May, 1896, -upon the report of a referee.
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Appeal by the defendant, Union Free School District No. 1 of the town of Canton, New York, from a judgment of the Supreme Court in favor of plaintiffs for $1,383.62, damages and costs, entered in the office of the clerk of the county of Onondaga on the 11th day of May, 1896, -upon the report of a referee. In the year 1883 the defendant, through its board of education, entered into a contract with the firm of Braithwaite & Kelley for the erection of a school building in the village of Canton for the sum of $16,000. Thereafter, and before the completion of the building, it became necessary to…
1Opinion of the Court
Adams, J.:
This action was brought by the plaintiffs as assignees of Braithwaite & Kelley to recover the amount which they claimed was due to that firm by reason of the resolution adopted at the special meeting in January, 1885, and in connection therewith they also sought by mandamus proceedings to compel the defendant’s board of education to raise the tax voted at that meeting in the manner directed by the statute. This latter proceeding, which was tried at the same time with the action, and before the same referee, was dismissed upon the ground that the relators therein had an adequate…
2Cases cited4 opinions
- New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
- Wheeler v. Van HoutenNew York Supreme Court · 1815
- Coleman v. . WadeNew York Court of Appeals · 1851
- Lowenstein v. McIntoshNew York Supreme Court · 1862
3Cited by4 opinions
- In re FriedmanNew York Supreme Court · 1924
- Smith & Bird v. Kentucky River Mills, Inc.District Court, S.D. New York · 1948
- Board of Education v. Christa Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Zimmermann v. BonwitCity of New York Municipal Court · 1927