People ex rel. Pennell v. Treanor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James J. Treanor and others, commissioners appointed to lay out and continue Warburton avenue, etc., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 31st day of October, 1896, directing the issuance of a peremptory writ of mandamus to compel them to pay to the plaintiff $15,886 under a contract made between the respondents and appellants in the month…
Read the full summary
Appeal by the defendants, James J. Treanor and others, commissioners appointed to lay out and continue Warburton avenue, etc., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 31st day of October, 1896, directing the issuance of a peremptory writ of mandamus to compel them to pay to the plaintiff $15,886 under a contract made between the respondents and appellants in the month of July, 1893, and also from the enrollment and judgment entered in said clerk’s office on the 31st day of October, 1896.
1Opinion of the Court
Goodrich, P. J.:
Under the provisions of chapter 493 of the Laws of 1892, entitled “An act to provide for the construction of highways and bridges upon highways running through two or more towns in the same county,” the appellants were appointed commissioners to lay out and continue Warburton avenue through a portion of the town of Greenburgh and to construct the roads and necessary bridges therein. On July 28, 1893, they entered into a contract with the relators for doing the work for the sum of $89,443.10, payable only out of the moneys or proceeds of bonds, collected and received by the…
2Cases cited4 opinions
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- The People Ex Rel. Dannat v. . ComptrollerNew York Court of Appeals · 1879
- Matter of FreelNew York Court of Appeals · 1896
3Cited by12 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Bank of Chatsworth v. Hagedorn Construction Co.Supreme Court of Georgia · 1923
- Davis v. Pensioners Protective Ass'nSupreme Court of Colorado · 1943
- People ex rel. Rohr v. OwensAppellate Division of the Supreme Court of the State of New York · 1905
- State ex rel. Stephens v. State Corp. CommissionNew Mexico Supreme Court · 1918
7 more not listed; retrieve them via the Exa API.