Mutual Life Insurance v. Mayor of New York
New York Supreme Court
Appeal from circuit court, New York county. Action by the Mutual Life Insurance Company of New York against the mayor, aldermen, and commonalty of the city of New York. From a judgment entered on a verdict directed in favor of the plaintiff, defendant appeals.
1Opinion of the CourtFollett, J.
October 30, 1876, the defendant entered into a contract with Bartholomew Noonan for the construction of a sewer in a street on which a lot of the plaintiff abutted. The contract provided for the excavation of rock at a price agreed on, though the proposals for doing the work had not been advertised, as required by the statute then in force. Laws 1873, c. 335, § 91. In 1879 an assessment of $1,398.88, on account of work done under this contract, was levied against the plaintiff’s lot, of which sum $996 was for the expense of excavating the rock under the contract. Subsequently the plaintiff,…
2Cases cited4 opinions
- Speir v. . City of BrooklynNew York Court of Appeals · 1893
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Tripler v. . Mayor, Etc.New York Court of Appeals · 1893
3Cited by2 opinions
- Boas v. MayorNew York Supreme Court · 1895
- Smith v. Mayor of City of New YorkNew York Supreme Court · 1894