Kingsley v. City of Brooklyn
New York City Court
Appeal by both, parties from a judgment. William C. Kingsley and Abner C. Keeney sued the city of Brooklyn to recover a balance of $178,000, claimed due for work and materials for the Hempstead reservoir under a contract made between the city, by tke Permanent Board of Water and Sewerage Commissioners for the city, and the plaintiffs.
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Appeal by both, parties from a judgment. William C. Kingsley and Abner C. Keeney sued the city of Brooklyn to recover a balance of $178,000, claimed due for work and materials for the Hempstead reservoir under a contract made between the city, by tke Permanent Board of Water and Sewerage Commissioners for the city, and the plaintiffs. The material allegations of the pleadings which are indicated in the opinion, are more fully stated in the report of the motion for a reference (1 Abb. New Cas. 111). The gist of the defense was, that the city designed to have a storage reservoir, complete, with…
1Opinion of the Court
By the Court. — Neilson, Ch. J.
The appeal by the defendant brings up the question whether the referees erred in ordering the judgment that was entered ; the appeal by the plaintiffs, the question whether the referees should have directed judgment only for an amount equal to the unexpended part of the original appropriation, and if not, the further question whether we have the power to modify the judgment by ordering that it be increased to the sum found due.
We take up, as first in order, the case on the defendant’s appeal.
The legislature had imposed upon the permanent board of water and…
2Cases cited11 opinions
- Harlem Gas Co. v. . Mayor, C., of N.Y.New York Court of Appeals · 1865
- State v. RussellWisconsin Supreme Court · 1892
- Hobart v. City of DetroitMichigan Supreme Court · 1868
- Clark v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Campbell v. County of PolkSupreme Court of Iowa · 1856
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