Van Dolsen v. . Bd. of Education
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 27, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 27, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material,, are stated in the opinion. The action is properly brought against the board of education, and it alone is liable under plaintiff’s contract, and the corporation of the city of New York was not liable to the plaintiff upon his claim. (L. 1882, ch. 410, §§ 1022, 1027,…
1Opinion of the CourtLandon, J.
The plaintiff seeks to recover $600, being the price of a retaining wall on the easterly side of Primary School Eo. 14, at Eos. 73 and 75 Oliver street, in Eew York city, •erected by plaintiff under a contract in writing, made by him with the board of school trustees of the fourth ward of the city of Eew York. The complaint alleges, and the answer admits, that the board of trustees made the contract “ acting for and on behalf of, and for the benefit of, the board of •education.”
The Consolidation Act, in force at the time, by section 1035 provides: “ It shall be the duty of the trustees for…
2Cases cited5 opinions
- Moore v. . MayorNew York Court of Appeals · 1878
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Cagwin v. . Town of HancockNew York Court of Appeals · 1881
- Bank of Rome v. . Village of RomeNew York Court of Appeals · 1859
3Cited by17 opinions
- Kooleraire Service & Installation Corp. v. Board of EducationNew York Court of Appeals · 1971
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Williams v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Kiehm v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1921
- Kelly v. Cohoes Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1967
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