Horgan v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William G. Horgan, from- a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk.of the county of Hew York on the ,9th"day of September, 1896, upon the dismissal of his complaint by direction of the court after a trial at the Hew York Trial Term.
1Opinion of the Court
Barrett, J. :
Oh January 14, 1893, the plaintiff entered into a contract with the defendant whereby he agreed to “ excavate, remove and dispose of all silt, sediment and other materials deposited in the bottom of *4066 The Pond’ near Fifty-ninth street, Fifth and Sixth avenues, and construct a concrete bottom over same.”1 The work was accepted by the department of public parks on August 22, 1894, and on September 24, 1894, the plaintiff, in consideration of payments made to him, gave a general release of all claims arising under the contract except a certain sum not material here, and (to quote) “…
2Cases cited5 opinions
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- Del Genovese v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
- Messenger v. . City of BuffaloNew York Court of Appeals · 1860
- MacKnight Flintic Stone Co. v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897