Legal Opinion

People Ex Rel. Cossey v. . Grout

New York Court of Appeals

Decided November 29, 1904PublishedCited by 16 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1904, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to draw warrants in relator’s favor for amounts alleged to be due to him under a certain contract. The facts, so far as material, are stated in the opinion. The order appealed from i's re viewable by this court.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1904, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to draw warrants in relator’s favor for amounts alleged to be due to him under a certain contract. The facts, so far as material, are stated in the opinion. The order appealed from i's re viewable by this court. (Cohn v. Baldwin, 141 N. Y. 563; Spies v. Lockwood, 165 N. Y. 481; Spence v. Harri, 163 N. Y. 220; People ex rel. v. Common Council, 78 N. Y. 56;…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In October, 1903, the relator entered into a contract with the city of New York by the commissioner of street cleaning whereby he agreed to construct and deliver to the city ten scows for the sum of $5,225 each. By his contract the relator agreed to comply with the provisions of chapter 415 of the Laws of 1897, as amended, known as the "Labor Law," so far as they were constitutional and applicable thereto, and that no laborer, workman or mechanic should be…

2Cases cited9 opinions

  1. Atkin v. KansasSupreme Court of the United States · 1903
  2. People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
  3. Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
  4. Clark v. . StateNew York Court of Appeals · 1894
  5. M'Millan v. VanderlipNew York Supreme Court · 1815

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3Cited by16 opinions

  1. People v. . CraneNew York Court of Appeals · 1915
  2. Campbell v. City of New YorkNew York Court of Appeals · 1927
  3. People Ex Rel. Williams Engineering & Contracting Co. v. MetzNew York Court of Appeals · 1908
  4. Bradley v. CaseyIllinois Supreme Court · 1953
  5. O. G. Sansone Co. v. Department of TransportationCalifornia Court of Appeal · 1976

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