People Ex Rel. Dady v. Supervisor of Gravesend
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 19, 1896, which reversed an order of Special Term granting to the relator a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. Chapter 639 of the Laws of 1895 did not repeal chapter 171 of the Law's of 1893, nor was it intended as a substitute for it.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 19, 1896, which reversed an order of Special Term granting to the relator a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. Chapter 639 of the Laws of 1895 did not repeal chapter 171 of the Law's of 1893, nor was it intended as a substitute for it. Its manifest intention was to create a tribunal to whom parties having disputed claims against the town might submit their claims to arbitration. If susceptible of the interpretation granted to…
1Opinion of the CourtBartlett, J.
The relator is the assignee of a contract made on the 26th of February, 1893, with one John Curran by the grading commissioners of the former town of Graves-end in the county of Kings, for the construction and grading of Heptane avenue, between West Fifteenth street and old lot forty-seven, according to the specifications accompanying the contract, for the sum of $290,000, payable in installments as work progressed.
Curran did a considerable amount of work, but died on the 21st of Hovember, 1893, and his legal representatives executed an assignment of the contract to relator. The amount now…
2Cases cited1 opinion
- People ex rel. Dady v. Supervisor of Thirty-First WardNew York Supreme Court · 1895
3Cited by4 opinions
- People ex rel. Fuller v. ColerNew York Supreme Court · 1898
- In re Vandervoort AvenueNew York Supreme Court · 1910
- People ex rel. Dady v. ColerAppellate Division of the Supreme Court of the State of New York · 1902
- Skelly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913