People on rel. Baldwin & Jaycox v. Haws
New York Supreme Court
Appeal from an order denying an application for a mandamus. The relators were the lowest bidders for constructing the gate-houses of the new Croton reservoir. The Croton Aqueduct Board awarded the contract therefor to them, subject to confirmation by the Common Council. The Common Council refused to confirm the award, but gave the contract to other bidders.
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Appeal from an order denying an application for a mandamus. The relators were the lowest bidders for constructing the gate-houses of the new Croton reservoir. The Croton Aqueduct Board awarded the contract therefor to them, subject to confirmation by the Common Council. The Common Council refused to confirm the award, but gave the contract to other bidders. Baldwin & Jaycox then instituted a suit, and a proceeding by mandamus, to obtain the contract, but were unsuccessful, the court holding that they had no claim against the city. (See the case, 9 Abbotts’ Pr., 253; 10 Ib., 144.) By the act…
1Opinion of the Court
By the Court.—Ingraham, P. J.
The relators apply for a mandamus against the comptroller to draw his warrant in their favor for an award made against the Corporation for damages sustained by the relators, in consequence of the refusal of the Common Council to award to them a contract for building a gate-house at the new reservoir.
This claim arises under the provision of the 4th section of the act passed to facilitate the taking of lands and building such gate-house, &c., passed in April, 1860. (Laws of 1860, 772, ch. 449.) This section provided, among other things, “ that for the purpose of…
2Cases cited9 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
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3Cited by1 opinion
- Copp v. HennikerSupreme Court of New Hampshire · 1875