Snyder v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of July, 1901, upon the report of a referee.
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of July, 1901, upon the report of a referee. The action is brought to recover the sum of $22,939, claimed to be due in pursuance of a contract for filling and grading Ninth avenue from Two Hundred and First street to Kingsbridge road made between the city and plaintiff’s assignor, C. C. Dean, on August 29, 1894, which contract it is averred was terminated .by the failure of the city to pay the entire amount…
1Opinion of the Court
Hatch, J.:
It is claimed by the appellant, as a first ground upon which to defeat a recovery in this action, that by the provisions of the contract there could be no assignment of the same without the previous written consent of the commissioner of public works, or his successor, indorsed thereon, and as such consent was never given no cause of action vested in the plaintiff as against the defendant. In Fortunato v. Patten (147 N. Y. 277) it was held that such a provision of the contract was for the protection of the city and to secure for it the skíII and intelligence of the person with whom…
2Cases cited7 opinions
- Fortunato v. . PattenNew York Court of Appeals · 1895
- Jones v. . JuddNew York Court of Appeals · 1850
- Bowery National Bank v. Mayor of New YorkNew York Court of Appeals · 1875
- Brace v. . City of GloversvilleNew York Court of Appeals · 1901
- Mellen v. . the Hamilton Fire Insurance CompanyNew York Court of Appeals · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
- Hart v. . City of New YorkNew York Court of Appeals · 1911
- Atlantic City v. Warren Bros.Court of Appeals for the Third Circuit · 1915
- Price v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Sperry & Hutchinson Co. v. Siegel, Cooper & Co.Appellate Court of Illinois · 1922
4 more not listed; retrieve them via the Exa API.