People ex rel. Navarro v. Green
New York Supreme Court
This is an appeal from order made by Mr. Justice Fanoher, refusing to grant relator’s motion to strike out the whole or any part of respondent’s return to the alternative writ of mandamus, to raise on revenue bonds of the city of E"ew York and pay to the relator the sum of $283,500 with interest, the amount claimed to be due to the relator for 4,050 water-meters furnished under a contract, dated August 22, 1871,. made with the relator by the commissioner of public works.
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This is an appeal from order made by Mr. Justice Fanoher, refusing to grant relator’s motion to strike out the whole or any part of respondent’s return to the alternative writ of mandamus, to raise on revenue bonds of the city of E"ew York and pay to the relator the sum of $283,500 with interest, the amount claimed to be due to the relator for 4,050 water-meters furnished under a contract, dated August 22, 1871,. made with the relator by the commissioner of public works. It was determined in People ex rel. Navarro v. Van Nort, 64 Barb. 205, that the contract in question was valid, and that a…
1Opinion of the CourtBeady, J.
We held on the application of the relator in People v. Van Nort, 64 Barb. 205, that the commissioner of public works was authorized under the provisions of the act of 1870, chap. 383, § 13, to select and to make, on behalf of the city, a contract for the delivery of the meters contemplated, and that the legislature made that transaction independent of the provisions of the charter affecting contracts generally. The contract made, therefore, between the relator and the city, through the commissioner of public works, was declared valid. We also determined that the relator, on his application,…
2Cases cited8 opinions
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- People Ex Rel. Smith v. FlaggNew York Court of Appeals · 1858
- People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1861
- People ex rel. Navano v. Van NortNew York Supreme Court · 1872
- Buck v. City of LockportNew York Supreme Court · 1872
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