Altemus v. Mayor
The Superior Court of New York City
Appeal by plaintiffs from, a judgment at Special Term, sustaining a demurrer to the complaint. The action was brought to recover damages against the corporation for their refusal by their officer, the street commissioner, to execute and deliver to Smith, Seekel & Co. certain contracts for the performance of work in cleaning the streets of the city, which had been awarded to said Smith, Seekel & Co., as the lowest bidders, under the proposals authorized by the street…
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Appeal by plaintiffs from, a judgment at Special Term, sustaining a demurrer to the complaint. The action was brought to recover damages against the corporation for their refusal by their officer, the street commissioner, to execute and deliver to Smith, Seekel & Co. certain contracts for the performance of work in cleaning the streets of the city, which had been awarded to said Smith, Seekel & Co., as the lowest bidders, under the proposals authorized by the street commissioner. The plaintiffs claimed, as assignees of Smith, Seekel & Co. The complaint averred, that when the proposals for…
1Opinion of the CourtBy the Court. Duer, J.
This case derives some importance from the fact that the tax-payers of the city are more or less interested in its decision.
The only questions that we propose to consider and decide, are those which relate to the validity and construction of certain sections in the ordinance of the common council, which is referred to in the complaint, for it will be seem, hereafter, that if the views of the learned counsel for the plaintiffs, upon these questions, cannot be sustained, the judgment appealed from must, of necessity, be affirmed.
The contention, on the part of the plaintiffs, is,
First, That…
2Cited by2 opinions
- City of Chicago v. Shober & Carqueville Lithographing Co.Appellate Court of Illinois · 1880
- Jones v. MayorThe Superior Court of New York City · 1867