Haefelin v. McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph A. Haefelin, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of January, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the plaintiffs complaint.
1Concurrence
Hatch, J. (concurring):
In considering the proper construction of the contract relied upon in the complaint, it is well to understand, in the first instance, what the precise obligation of the city of New York was in connection with the construction of this work: The tunnel as completed is the property of the city, made so by the provisions of the statute and confirmed by the courts in construction of the same. (Matter of McDonald, 80 App. Div. 210; affd., 175 N. Y. 470.) As the city did not construct the work through its agents and servants, but contracted for its performance, it could not be…
2Cases cited12 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Blake v. . FerrisNew York Court of Appeals · 1851
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
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