McDonald v. Mayor of New York
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict, and granting a new trial. This action was brought to recover the value of certain gravel and stone alleged to have been sold and delivered by plaintiff to defendant and used in the repair of one of its streets.
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Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict, and granting a new trial. This action was brought to recover the value of certain gravel and stone alleged to have been sold and delivered by plaintiff to defendant and used in the repair of one of its streets. The material was, as the evidence tended to show, furnished by plaintiff in 1869 and 1870, at the request of the superintendent of roads, to whom the bills were given and were certified by him to the street department. The…
1Opinion of the CourtFolger, J.
The plaintiff sues to recover from the city the value of materials furnished by Mm to certain officials, which were used in the repair of a public way. The amount he claims is over $1,600 in the whole. The materials were furMshed at different times, m parcels, each of wMch, except one, was less in value than $250.
He does not aver, nor did he prove in terms, that a necessity for the purchase or use of the materials was certified to by the head of the department of public works, or that the expenditure therefor was authorized by the common council (Laws of 1857, vol. 1, p. 886, chap. 446, §…
2Cases cited8 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by134 opinions
- Parsa v. State of New YorkNew York Court of Appeals · 1984
- Seif v. City of Long BeachNew York Court of Appeals · 1941
- Genesco Entertainment, a Div. of Lymutt v. KochDistrict Court, S.D. New York · 1984
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
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