Devlin v. . Brady

Davies, Ch.J.

This action is brought against the maker to recover the amount of a promissory note for $3,000, dated May 12, 1857. From the facts developed on the trial, it appeared that the note had its inception under the following circumstances: The Defendant had a contract with the corporation of New York, through the street departanént, for regulating and grading Forty-sixth street. The work was completed, and there was due upon the contract $23,000 or $24,000, hut by the terms of the ordinances of the corporation, the same could not be paid to the contractor by the Street Commissioner…