Smith v. Mayor
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Hew York county. Action by James S. Smith and De Witt O. Hanfield against the mayor, aldermen, and commonalty of the city of Hew York, for work done and materials furnished under a contract. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtPatterson, J.
There are two causes of action set forth in the complaint herein. On the trial the jury found in favor of the plaintiffs on the issues joined on the first cause of action only. From the judgment entered on the verdict, and from an order denying a motion for a new trial, the defendants appeal.
The controversy relates to a contract made between one Cox, the plaintiffs’ assignor, and the- defendants, for regulating, grading, draining, and improving the easterly portion of the grounds included in Yan Cortlandt Park. The contract was awarded to Cox, on a bid made by him, but the work was done by…
2Cases cited7 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
- Burke v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
- Byron v. . LowNew York Court of Appeals · 1888
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3Cited by1 opinion
- New York Building & Improvement Co. v. Springfield Elevator & Pump Co.Appellate Division of the Supreme Court of the State of New York · 1900