Legal Opinion

Holbrook, Cabot & Rollins Corp. v. City of New York

District Court, S.D. New York

Decided July 16, 1921PublishedCited by 1 opinion

At Law. Action by the Holbrook, Cabot & Rollins Corporation against the City of New York. On demurrer to the seventh, eighth, and ninth causes of action. " The action was brought to recover amounts alleged to be due on a contract and supplemental contracts for the construction of a section of -the Broadway-Fourth Avenue Rapid Transit Railroad in the city of New York, and for damages for alleged breaches of the contract.

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At Law. Action by the Holbrook, Cabot & Rollins Corporation against the City of New York. On demurrer to the seventh, eighth, and ninth causes of action. " The action was brought to recover amounts alleged to be due on a contract and supplemental contracts for the construction of a section of -the Broadway-Fourth Avenue Rapid Transit Railroad in the city of New York, and for damages for alleged breaches of the contract. The seventh cause of action alleged numerous demands by workmen employed by plaintiffs and other contractors for increased wages, and that the contractors granted such…

1Opinion of the Court

AUGUSTUS N. HAND, District Judge.

[1] I can find little in plaintiff’s reargument, outside of the so-called Lusk Amendment (Laws 1921, c. 711), which I have not already considered to the best of my ability. A few new decisions are referred to, but they fall within the general principles heretofore discussed. The case of Admiral Realty Co. v. Gaynor, 147 App. Div. 720, 132 N. Y. Supp. 220, does not obviate the necessity of compliance with subdivision 2, § 37, of the Rapid Transit Act (Laws 1891, c. 4, as amended by Laws 1909, c. 498, § 17). There Justice Scott, in referring to changes in plans…

2Cases cited23 opinions

  1. Hitchcock v. GalvestonSupreme Court of the United States · 1878
  2. Moore v. . MayorNew York Court of Appeals · 1878
  3. People v. . KiblerNew York Court of Appeals · 1887
  4. Rowell v. . JanvrinNew York Court of Appeals · 1896
  5. Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912

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3Cited by1 opinion

  1. Zach v. PondIdaho Supreme Court · 1931

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