Boots v. . Washburn
New York Court of Appeals
Appeal from a judgment of the General Term of the •'Supreme Court, in the fourth judicial department, affirming •a judgment in favor of defendants, entered upon a nonsmt.
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Appeal from a judgment of the General Term of the •'Supreme Court, in the fourth judicial department, affirming •a judgment in favor of defendants, entered upon a nonsmt. This action was brought by the plaintiff, as assignee of one William Conley, upon a written contract executed by ■defendants, a copy of which was set forth in the complaint, and is as follows : “Agreement made this 31st day of May, 1873, between •John Washburn, N. B. Washburn and David A. Southerland, commissioners of the town of Gorham, and William Conley, •of the town of Potter, Yates county. The said William •Conley…
1Opinion of the CourtEarl, J.
The facts of this case, as I understand them,, are as follows : The defendants were, in the years 1872 and 1873, the commissioners of highways of the town of Gorham, Ontario county.- A highway bridge was carried away by a flood in the spring of the year of 1873 before the town meeting, and the defendants applied to the board of town auditors for their consent to rebuild the bridge, and the consent, was given. They then proceeded to lot the contract for rebuilding the bridge, and May 31, 1873, let it to William. Conley for the price of $1,000. He assigned the contract to the plaintiff, who…
2Cited by6 opinions
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- Berlin Iron Bridge Co. v. WagnerNew York Supreme Court · 1890
- Campbell v. PowersAppellate Division of the Supreme Court of the State of New York · 1913
- Bruner v. LewisNew York Supreme Court · 1889
- Buyce v. BuyceNew York Supreme Court · 1888
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