Reilly v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made 'June 23, 1887, which affirmed a judgment in favor of defendant entered upon a verdict directed hy the court. - (Reported below, 22 J. & S. 463.) This action was brought to recover a sum claimed to be due as the final payment under a contract between the defendant and plaintiff, for furnishing the materials and doing the work of regulating and grading One…
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made 'June 23, 1887, which affirmed a judgment in favor of defendant entered upon a verdict directed hy the court. - (Reported below, 22 J. & S. 463.) This action was brought to recover a sum claimed to be due as the final payment under a contract between the defendant and plaintiff, for furnishing the materials and doing the work of regulating and grading One Hundred and Eighty-fifth street, in the city of New York. It was not questioned but that, pursuant to an ordinance authorizing…
1Opinion of the CourtFinch, J.
The doctrine established in Matter of Anderson (109 N. Y. 554) does not control the present case. The controversy there was between the city, seeldng to enforce an assessment, and the land-owner resisting. The latter succeeded upon the mixed ground of corporate negligence and fraud in the letting of the contract. It appeared that no effort of any kind had been made on behalf of the city to ascertain the extent of the work; and, beyond the computation of areas, the amounts of earth and rock to be severally excavated were fixed by a mere guess, without effort of any kind to obey the statutory…
2Cases cited1 opinion
- Matter of AndersonNew York Court of Appeals · 1888
3Cited by10 opinions
- Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
- Armaniaco v. CresskillNew Jersey Superior Court Appellate Division · 1960
- MJ Paquet, Inc. v. Dept. of Transp.New Jersey Superior Court Appellate Division · 2000
- Boenning v. Brick Tp. Municipal Utilities Auth.New Jersey Superior Court Appellate Division · 1977
- Walter v. McClellanNew York Supreme Court · 1905
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