Murphy v. Bowery National Bank

Beady, J.:

It appears that upon the 10th of October, 18*16, an agreement was made between John Mulholland and the Mayor, etc., for the construction of a sewer in Forty-second street from the Third avenue to the East river. The contract, amongst other things, provided as follows :

“ The party of the second part ” (being the defendant Mulholland) “ agrees that be will furnish the said commissioner of public works with satisfactory evidence that all persons who have'done work or furnished materials under this agreement, and who may have given written notice to said commissioners before or within…