Hunt v. . City of Utica
New York Court of Appeals
Appeal from the Supreme Court. The action was brought to recover an amount claimed to be due from the defendant for grading and paving one of its streets, by one Cossleman, who had assigned his demand therefor to the plaintiff: and was brought to trial before Justice Bacon at the Oneida Circuit, in November, 1856. It was proved that, in July, 1855, the common council of Utica published in the newspapers of that city a notice, signed by their clerk, stating that an…
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Appeal from the Supreme Court. The action was brought to recover an amount claimed to be due from the defendant for grading and paving one of its streets, by one Cossleman, who had assigned his demand therefor to the plaintiff: and was brought to trial before Justice Bacon at the Oneida Circuit, in November, 1856. It was proved that, in July, 1855, the common council of Utica published in the newspapers of that city a notice, signed by their clerk, stating that an application was pending and would be finally acted on, the third of August following, for the paving said street, to be done…
1Opinion of the CourtStrong, J.
The first question in this case, and the only one which need be considered if that be decided against the plaintiff, is whether the defendants, by the contract under which the work in question was performed, undertook absolutely to pay Cossleman for the work or to pay for the same only by assessing and collecting the sum to be paid according to the provisions of their charter, and applying it to that object. If the latter was their undertaking, the plaintiff-failed to establish a cause of action.
The contract is to be learned from the notice of the defendants inviting proposals for the work,…
2Cited by23 opinions
- Commercial National Bank v. City of PortlandOregon Supreme Court · 1893
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
- Kelly v. MerryNew York Court of Appeals · 1933
- Soule v. City of SeattleWashington Supreme Court · 1893
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