Acme Road MacHinery Co. v. Town of Bridgewater
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 10, 1905, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in refusing to dismiss the complaint, since the action should have been brought, if at all, against the highway commissioner. (People ex rel.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 10, 1905, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in refusing to dismiss the complaint, since the action should have been brought, if at all, against the highway commissioner. (People ex rel. Everett v. Supervisors, 93 N. Y. 397 ; People ex rel. Van Keuren v. Town Auditor's, 74 N. Y. 310; Jackson v. Collins, 41 N. Y. S. R. 590 ;…
1Opinion of the Court
Cullen, Ch. J.
The action is brought to recover the price of a road machine pmrchased by the commissioner of high ways of the defendant town, with the assent of the town board, under the provisions of section 6 of the Highway Law (Laws 1890, ch. 568; amd. Laws 1896, ch. 987). The only question necessary for us to consider on this appeal is the liability of the town on the contract made by the commissioner of highways. The question has been so thoroughly discussed in the prevailing and dissenting opinions below that it is necessary for us to state only very briefly the reasons for the…
2Cases cited3 opinions
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- Markey v. . County of QueensNew York Court of Appeals · 1898
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
3Cited by5 opinions
- Town of Hempstead v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1910
- Tuma v. PiepenbrinkNew York Supreme Court · 1912
- New Paltz, Highland & Poughkeepsie Traction Co. v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 1922
- Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911
- People v. Town of FrankfortAppellate Division of the Supreme Court of the State of New York · 1918