O'Brien v. Mayor of New York
New York Supreme Court
Motion by defendant to open judgments entered on offers by the corporation counsel in compromise of claims against the city of Hew York.
1Opinion of the CourtPryor, J.
The decision of the motion depends upon three conditions: Was the settlement effected in good faith? Was it ef-' fected in the exercise of competent authority? Is it supported by a sufficient consideration? An affirmative answer to these questions involves necessarily a denial of the motion. The first is concluded by this explicit concession of the corporation counsel: “ We conceive it to be the fact that, in approaching this adjustment, and in the carrying of it out, all parties concerned were actuated in the best of good faith, and we are willing to go farther and concede that Mr. Scott…
2Cases cited12 opinions
- Hennessy v. BaconSupreme Court of the United States · 1890
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Cox v. . StokesNew York Court of Appeals · 1898
- Prout v. Inhabitants of the Fire District in PittsfieldMassachusetts Supreme Judicial Court · 1891
- Steele v. WhiteNew York Court of Chancery · 1831
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3Cited by3 opinions
- In re the Estate of SidmanNew York Surrogate's Court · 1935
- Nixon-Foster Service Co. v. MorrowNew Mexico Supreme Court · 1936
- Opn. No., New York Attorney General Reports1982