Nicoll v. . Sands
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made Hay 11, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made Hay 11, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff as a taxpayer of the town of Islip to restrain the imposition and collection of a tax levied upon the property in said town to pay the Great South Bay Water Company, one of the defendants, certain money, under an agreement made with the authorities of said town by which said company agreed to erect…
1Opinion of the CourtPeckham, J.
It seems to me to be too clear for argument that the contract between the town authorities and the waterworks company obliges the latter to furnish water, in addition to erecting works, which would be comparatively valueless unless they were put to the use which their erection would imply. The obligation is just as binding upon the company, if it can be fairly implied from the language actually used in the contract, as if it were in so many words specifically mentioned therein. Within chapter 369 of the Laws of 1889, the contract was valid. The persons who signed the application to the town…
2Cases cited2 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Woolsey v. . FunkeNew York Court of Appeals · 1890
3Cited by30 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Beacon Terminal Corp. v. Chemprene, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Crossman v. BurrillSupreme Court of the United States · 1900
- Seymour v. . WarrenNew York Court of Appeals · 1904
- Dar El-Bina Engineering & Contracting Co. v. Republic of IraqDistrict Court, S.D. New York · 2000
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