MacArthur Bros. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiffs, MacArthur Bros. Company and Thomas S. Winston and another, for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance upon the direction of a verdict in defendant’s favor by the court at the close of the case, both sides having then moved for the direction of a verdict. The trial was held in New York county in January, 1915.
1Opinion of the Court
Smith, J.:
The plaintiffs contracted with the city of New York through the aqueduct commissioners to construct the Cross River Reservoir in Westchester county. They proceeded with their work, *726and payments were made upon the certificate of the engineer from time to time until, in August, 1908, plaintiffs received a draft by the comptroller upon the chamberlain of the city of New York for the sum of $157,514.67, which was stated in the draft to be “ for and in full of contract No. 13149, construction of the Cross River Reservoir, Reservoir N in towns of Bedford, Lewisboro and Poundridge,…
2Cases cited2 opinions
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Allen v. . City of OneidaNew York Court of Appeals · 1914
3Cited by8 opinions
- Oakhill Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1941
- Brandt Corp. v. City of New YorkNew York Court of Appeals · 1964
- Oscar Daniels Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
- Cauldwell-Wingate Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
- Buffalo Electric Co. v. StateNew York Court of Claims · 1961
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