Gordon v. . State of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 1, 1921, which reversed a judgment of the Court of Claims dismissing the claim of the plaintiff herein and granted a new trial. ' It appears from an analysis of chapter 459 of the Laws of 1919 that the legislature made a direct grant of certain moneys to contractors and merely delegated the Court of Claims to compute the amount to which each contractor was…
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 1, 1921, which reversed a judgment of the Court of Claims dismissing the claim of the plaintiff herein and granted a new trial. ' It appears from an analysis of chapter 459 of the Laws of 1919 that the legislature made a direct grant of certain moneys to contractors and merely delegated the Court of Claims to compute the amount to which each contractor was entitled. This is a direct violation of section 19 of article 3 of the State Constitution. (Cayuga County v. State, 153 N.…
1Opinion of the CourtHogan, J.
November 10, 1915, the claimant, respondent, entered into a, contract with the state oí New York, through the commissioner of highways, for improving the Fleming-Scipio, part 2, county highway, number 1307, 6.06 miles, in the county of Cayuga. The contract provided that the material and work therein specified was to be furnished and performed by the claimant for which claimant was to be paid unit prices stated therein. The work contracted for was to be completed on the 15th day of November, 1916.
Chapter 459 of the Laws of 1919, entitled “ An act authorizing the termination of certain highway…
2Cases cited5 opinions
- Columbus Railway, Power & Light Co. v. City of ColumbusSupreme Court of the United States · 1919
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- People v. Westchester County National BankNew York Court of Appeals · 1921
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Boret v. L. Vogelstein & Co.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by21 opinions
- McGovern v. . City of New YorkNew York Court of Appeals · 1923
- Weston v. State of New YorkNew York Court of Appeals · 1933
- Freeto v. State Highway CommissionSupreme Court of Kansas · 1946
- Ogdensburg Urban Renewal Agency v. MoroneyAppellate Division of the Supreme Court of the State of New York · 1973
- Lowe v. FeldmanNew York Supreme Court · 1957
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