Legal Opinion

O'Brien v. Mayor of New York

New York Circuit Court

Decided June 15, 1891PublishedCited by 6 opinions

Action by John O’Brien and others against the mayor, etc., of the city of New York, for moneys alleged to be due under a contract for constructing a portion of the new aqueduct.

1Opinion of the CourtIngraham, J.

The different causes of action set up in the complaint may be divided into two general classes: First, those based upon the obligation of the defendants under the contract made by the aqueduct commissioners, in the name of the defendants, under the authority conferred upon them by chapter 409 of the Laws of 1883, to build section 6 of the aqueduct, whereby plaintiffs seek to recover the amount due to them for work performed, and for which they are tobe paid by the terms of the contract; and, second, those in which the city is sought to be held liable for the acts or failure to act of the…

2Cases cited9 opinions

  1. McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
  2. President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
  3. Sweet v. . MorrisonNew York Court of Appeals · 1889
  4. Smith v. . City of NewburghNew York Court of Appeals · 1879
  5. Perkins v. . GilesNew York Court of Appeals · 1872

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3Cited by6 opinions

  1. Smith v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
  2. Lester v. Mayor of New YorkNew York Supreme Court · 1894
  3. E. E. Smith Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924
  4. Hennessy v. Village of PleasantvilleNew York Supreme Court · 1925
  5. Smith v. MayorAppellate Division of the Supreme Court of the State of New York · 1896

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