McSpedon v. Mayor of New York
The Superior Court of New York City
This action was brought by the plaintiffs to recover from the defendants the sum of three thousand dollars, with interest from January 1st, 1855, for printing and binding, at the defendants’ request, fifteen hundred copies of a book known as “ The City Charter, with Kent’s Notes.”
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This action was brought by the plaintiffs to recover from the defendants the sum of three thousand dollars, with interest from January 1st, 1855, for printing and binding, at the defendants’ request, fifteen hundred copies of a book known as “ The City Charter, with Kent’s Notes.” The complaint sets forth, that on December 16th, 1853, in compliance with the mandate of a resolution passed that day by the defendants’ common council, the clerk of said common council retained and employed the plaintiffs to print and bind fifteen hundred copies of the book known as “ The City Charter, with Kent’s…
1Opinion of the Court
By the Court, White, Justice.
Upon the above facts and the pleadings in the case, two questions are presented; first, whether the defendants are bound by the express contract made by the common council with the plaintiffs for the work in controversy ? and second, if the defendants are not bound by the original and express contract, have they, by accepting and using the books, rendered themselves liable to pay the plaintiffs for them what they are reasonably worth ?
It is a settled principle, that when a legislative power from which a corporation derives its authority to act prescribes a…
2Cases cited3 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Brady v. Mayor of New YorkThe Superior Court of New York City · 1867
3Cited by10 opinions
- City of St. Louis ex rel. Murphy v. ClemensSupreme Court of Missouri · 1869
- Reichard v. Warren CountySupreme Court of Iowa · 1871
- People ex rel. Navano v. Van NortNew York Supreme Court · 1872
- Goodnow v. Board of CommissionersSupreme Court of Minnesota · 1865
- Petz v. City of DetroitMichigan Supreme Court · 1893
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