Tone v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of defendant entered upon an order dismissing plaintiff’s complaint on trial.
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Appeal from judgment of the General Term of the court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of defendant entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover the final payment claimed 'to be due upon á contract made and entered into by and between Daniel Tone, plaintiff’s intestate, and defendant, which said Tone agreed to furnish the necessary materials by and labor for regulating, grading and setting curb and gutter stones, and flagging the 'sidewalks in One Hundred and Twenty-third street in…
1Opinion of the CourtEarl, J.
There is such inextricable confusion in the local laws applicable to the city of Yew York, caused by their frequent alteration and amendment, that their application and construction are generally matters of difficulty and uncertainty. In this case I have carefully considered all the statutes to which our attention has been called, and while ■ I find that some difficulties would have to be encountered in any conclusion which could be reached, I am satisfied that the most obvious as well as reasonable construction of the statute requires an affirmance of this judgment.
In May, 1871, plaintiff’s…
2Cases cited1 opinion
- Maxmilian v. . MayorNew York Court of Appeals · 1875
3Cited by14 opinions
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Union Trust Co. v. State of CaliforniaCalifornia Supreme Court · 1908
- Babcock v. StateAppellate Division of the Supreme Court of the State of New York · 1919
- Covington Bridge Commission v. City of CovingtonCourt of Appeals of Kentucky (pre-1976) · 1934
- O'Brien v. Mayor of New YorkNew York Circuit Court · 1891
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