People Ex Rel. Morey v. Town Board of Audit
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 6, 1903, reversing a determination of the town board of audit of the town of Oyster Bay, in Nassau county, and remitting the proceedings to the said board with instructions to audit and allow the relator’s claim in part and take proof as to another part, and pass upon said claim as to said other part upon the merits thereof.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 6, 1903, reversing a determination of the town board of audit of the town of Oyster Bay, in Nassau county, and remitting the proceedings to the said board with instructions to audit and allow the relator’s claim in part and take proof as to another part, and pass upon said claim as to said other part upon the merits thereof. The facts, so far as material, are stated in the opinion. Section 10 of chapter 568 of the Laws of 1890, known as the Highway Law, vested no power in the…
1Opinion of the Court
Parker, Ch. J.
The order herein should be reversed and the proceeding dismissed on the ground that the highway commissioners of the town of Oyster Bay had not authority to contract with petitioner to superintend the work upon the bridge, the rebuilding of which was authorized by the town board pursuant to section 10 of the Highway Law. The town board did authorize the commissioners to enter into a written contract with the American Bridge Company to make the repairs on said bridge for $10,300; and it authorized the making of no other contract in connection therewith. The contract for…
2Cases cited2 opinions
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
3Cited by9 opinions
- Matter of Niland v. . BowronNew York Court of Appeals · 1908
- Lynch v. . Town of RhinebeckNew York Court of Appeals · 1913
- Short v. Town of OrangeAppellate Division of the Supreme Court of the State of New York · 1916
- Youngman v. Town of OneontaAppellate Division of the Supreme Court of the State of New York · 1923
- Claim of Clarke v. Town of RussiaAppellate Division of the Supreme Court of the State of New York · 1939
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