Brockway v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, The City of Utica, from a judgment of. the County Court of Oneida county in favor of the plaintiffs, entered in the officé of the clerk of said county on the 31st day of December, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s" office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
On the 29th day of September, 1906, the plaintiffs as copartners entered into a written agreement with the defendant *171whereby they agreed to remove the ashes, rubbish, etc., from the streets of the city. The contract was to continue for the term of five years from October 1, 1906, and the plaintiffs were to be paid for the entire service $53,500, in monthly payments of $891.67. • '
The contract provided that occupants fronting on streets or alleys should place their material to be removed in receptacles which the contractors were to handle carefully, and if any were broken or damaged…
2Cases cited3 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Genung v. Village of WaverlyAppellate Division of the Supreme Court of the State of New York · 1902