Kingsley v. . City of Brooklyn
New York Court of Appeals
These are cross appeals from a judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover for work and labor alleged to have been performed and for materials furnished by plaintiffs under and in pursuance of a contract between the parties for the construction of what is known as the “ Hampstead Beservoir.” The facts appear sufficiently in the opinion.
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These are cross appeals from a judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover for work and labor alleged to have been performed and for materials furnished by plaintiffs under and in pursuance of a contract between the parties for the construction of what is known as the “ Hampstead Beservoir.” The facts appear sufficiently in the opinion. Defendant having prevented a performance of the contract cannot raise the objection that it was not performed. (Ilocldster v.…
1Opinion of the CourtMiller, J.
The work performed by the plaintiffs, and for the payment of which a recovery is sought in this action, was done by virtue of a contract entered into by them on the 9th day of January, 1872, with the defendant by the Permanaut Board of Water and Sewerage Commissioners of the city of Brooklyn, who were duly constituted officers of the defendant for that purpose. The authority for the construction of said work is derived by virtue of chapter 652, Session Laws of 1870, and chapter 47, Session Laws of 1871. The former act made provisions for amending chapter 97 of the Laws of 1869, re-organizing…
2Cases cited6 opinions
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Dickinson v. . City of PoughkeepsieNew York Court of Appeals · 1878
- In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
- Bowery National Bank v. Mayor of New YorkNew York Court of Appeals · 1875
- Niblo v. BinsseNew York Court of Appeals · 1864
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3Cited by25 opinions
- Albert Elia Building Co. v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- City of Tacoma v. Tacoma Light & Water Co.Washington Supreme Court · 1897
- Wright v. . ReusensNew York Court of Appeals · 1892
- Kinser Construction Co. v. . State of N.Y.New York Court of Appeals · 1912
- Del Balso Construction Corp. v. City of New YorkNew York Court of Appeals · 1938
20 more not listed; retrieve them via the Exa API.