In re the Application of McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, John B. McDonald, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of October, 1902, denying the petitioner’s motion for a peremptory writ of mandamus.
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Appeal by the petitioner, John B. McDonald, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of October, 1902, denying the petitioner’s motion for a peremptory writ of mandamus. This application was for a mandamus to require the comptroller of the city of New York to draw and issue a warrant on the chamberlain of the said city for the sum of $400,000 as a payment on account of certain construction work on the Rapid Transit Railroad of the city of New York. There is no substantial dispute as to…
1Opinion of the Court
Hatch, J.:
It cannot, I think, be doubted but that both statute and contract contemplated that the commissioners should exercise very broad powers in providing for the construction of the tunnel and in changing the detail of the plans after the same had been begun. In the exercise of power respecting changes the only limitation seems to be that departure should not be made from the general plan of construction. It logically follows, therefore, that whenever the commissioners, by reason of matters not contemplated when the contract was made, and the exigency of the situation, require -a change…
2Cited by6 opinions
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- City of New York v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Cranford Co. v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1912
- City of New York v. Interborough Rapid Transit Co.New York Supreme Court · 1907
- Haefelin v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1904
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