Legal Opinion

Warner-Quinlan Asphalt Co. v. Carlisle

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1913PublishedCited by 3 opinions

Appeal by the plaintiff, Warner-Quinlan Asphalt Company, from an order of the Supreme Court, made at the Columbia Special Term and entered in the office of the clerk of the county of Albany on the 28th day of August, 1913, denying its motion for an injunction pendente lite.

1Opinion of the Court

Smith, P. J.:

This action is brought to enjoin the letting of a certain contract for highway repair on the ground that the proposals for bids contained specifications which were in violation of section 25 of the Highway Law (Consol. Laws, chap. 25; Laws of 1909, chap. 30), as added by section 14 of chapter 80 of the Laws of 1913. That section reads as follows:

“ Patented material or articles. In the construction, maintenance or repair of State or county highways, no patented *639material or article or any other material or article shall be specified, contracted for or purchased, except under such…

2Cases cited3 opinions

  1. People ex rel. Ayres v. Board of State AuditorsMichigan Supreme Court · 1880
  2. Molloy v. . City of New RochelleNew York Court of Appeals · 1910
  3. Long v. JohnsonNew York Supreme Court · 1911

3Cited by3 opinions

  1. Asher v. IngelsDistrict Court, S.D. California · 1936
  2. Warner-Quinlan Asphalt Co. v. CarlisleAppellate Division of the Supreme Court of the State of New York · 1913
  3. Warner-Quinlan Asphalt Co. v. CarlisleAppellate Division of the Supreme Court of the State of New York · 1913

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