Milbank v. . Jones
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 29, 1889, which affirmed a judgment in favor of defendant entered upon a verdict and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 29, 1889, which affirmed a judgment in favor of defendant entered upon a verdict and affirmed an order denying a motion for a new trial. The action was brought to recover $5,000 and interest thereon which the plaintiff asserts the defendant held in trust for him pursuant to the terms of the following agreement: “Resolved, That the street commissioner be and he is hereby authorized and directed to make a contract for lighting all the streets, avenues, roads, squares, parks,…
1Opinion of the CourtPabkeb, J.
On the trial the plaintiff, for the purpose of establishing & cause of action, introduced in evidence the agreement of the defendant to return the five thousand dollars paid to him in the event that the resolution therein referred to should not be passed, and take effect before the tenth of July following, a record of the proceedings of the board of aider-men and board of councilmen; and a veto message by the mayor showing that the resolution did not take effect before July tenth, together with proof that a demand for a return of the money was made prior to the commencement of the action, and…
2Cases cited7 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Day v. . RothNew York Court of Appeals · 1858
- Honegger v. . WettsteinNew York Court of Appeals · 1883
- Mills v. . MillsNew York Court of Appeals · 1869
- Dingeldein v. . the Third Avenue R.R. Co.New York Court of Appeals · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Milbank v. . JonesNew York Court of Appeals · 1894
- Howard v. FarrarSupreme Court of Oklahoma · 1911
- Brearton v. De WittNew York Court of Appeals · 1930
- Kaufman v. CatzenWest Virginia Supreme Court · 1917
- Houlton v. NicholWisconsin Supreme Court · 1896
41 more not listed; retrieve them via the Exa API.