Mayor of New York v. New York Refrigerating Construction Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A complete defense for the three individual defendants, the three sureties in the bond sued on, is found in the fact that the complaint does not charge any default of the defendant company, the principal in the bond, as to any matter for which the securities…
1Opinion of the CourtBartlett, J.
This is an appeal from a judgment of the General Term, first department, affirming a judgment in favor of plaintiff.
This action is brought to recover under a written agreement and a bond executed in pursuance thereof.
The corporation defendant executed the agreement with the city of Yew Y'ork, and the individual defendants are the sureties on the bond.
The refrigerating company, as the highest bidder, was awarded the privilege of introducing its refrigerating apparatus in the new West Washington Market, paying therefor five per cent of the gross receipts from the standholders in the market, and…
2Cited by8 opinions
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Hayes v. City of NashvilleCourt of Appeals for the Sixth Circuit · 1897
- Alabama Oil Pipe Line Co. v. the Sun Co.Texas Supreme Court · 1906
- Hamilton v. Park & McKay Co.Michigan Supreme Court · 1897
- Forelli v. Pratt InstituteAppellate Division of the Supreme Court of the State of New York · 1992
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