Brown v. Mayor of New York
New York Court of Appeals
Appeal from 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 plaintiff’s complaint on trial. (Reported below, 3 Hun, 685; 6 T. & C., 164.) This action was brought to recover a balance alleged to be due and unpaid upon a contract executed by and between plaintiff and the commissioners of public works in the city of New York.
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Appeal from 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 plaintiff’s complaint on trial. (Reported below, 3 Hun, 685; 6 T. & C., 164.) This action was brought to recover a balance alleged to be due and unpaid upon a contract executed by and between plaintiff and the commissioners of public works in the city of New York. The nature of the contract and the facts pertinent to the questions discussed are sufficiently set forth in the opinion.» The contract was valid and binding on…
1Opinion of the CourtAndrews, J.
Chapter 383 of the Laws of 1870, entitled “ An act to make further provision for the government of the city of Hew York,” passed April 26, 1870, contains this provision : “ The commissioner of public works is hereby directed to immediately contract for the regulating and grading of the Teuth avenue, from Manhattan street to One . Hundred and Fifty-fifth street.”
After this act was passed, and on the 27th day of Septena-, her, 1870, the commissioner of public works entered into a contract with the plaintiff “ for regulating, grading and setting curb and gutter-stones in Tenth avenue, from…
2Cases cited3 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- In the Matter of Van AntwerpNew York Court of Appeals · 1874
- Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1866
3Cited by32 opinions
- Anderson v. Santa AnnaSupreme Court of the United States · 1886
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- McBrian v. City of Grand RapidsMichigan Supreme Court · 1885
- Sun Printing & Publishing Ass'n v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. . City of NewburghNew York Court of Appeals · 1879
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