Bowery National Bank v. Mayor of New York
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon an order dismissing the complaint upon trial.
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Appeal from a judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon an order dismissing the complaint upon trial. (Reported below, 3 Hun, 639.) This action was brought upon a contract between defendant and the Hanover Wood Preserving Pavement Company, plaintiff’s assignors, by which said company contracted to regulate and pave One Hundred and Twenty-eighth street in ' the city of New York. Among other provisions, the contract provided that the contractor “ shall not be entitled to demand or receive…
1Opinion of the CourtFolger, J.
This case was argued as if it presented two points. A reference to the appeal book shows that but one, was raised at the trial and passed upon by the court there. The book shows that the defendants moved to dismiss the complaint, with no specification of the ground of motion; that the plaintiffs’ counsel asked to go to the jury upon the question whether or not the water purveyor unreasonably refused, and in bad faith, to give the certificate [that such request was denied, and that the motion to dismiss was granted, upon the ground of the failure of the plaintiff to produce the certificate of…
2Cited by34 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Doll v. . NobleNew York Court of Appeals · 1889
- Kingsley v. . City of BrooklynNew York Court of Appeals · 1879
- Van Iderstine Co., Inc. v. Barnet L. Co., Inc.New York Court of Appeals · 1926
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