Davidson v. Village of White Plains
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marshall T. Davidson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 17 th day of April, .1906, upon the dismissal of the complaint by direction of the court on a trial at the Kings County Trial Term.
1Opinion of the Court
Miller, J.:
The plaintiff’s complaint was dismissed at the opening of the case on the ground that it did not state facts sufficient to constitute a cause of action. The complaint attempts to set forth two causes of action, one on a contract for the sale and installation of' a compound pumping engine, and the other for extra labor and materials performed and' furnished in connection therewith. The complaint alleges the presentation of a-duly itemized and verified claim to the board of watfer commissioners of the defendant and to its board of trustees more than thirty days before the…
2Cases cited9 opinions
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Holroyd v. . Town of Indian LakeNew York Court of Appeals · 1905
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
- Hunt v. . City of UticaNew York Court of Appeals · 1858
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3Cited by1 opinion
- Van Arsdale v. JusticeNew York Supreme Court · 1912