Miller v. Mayor of New York
New York Supreme Court
Motion by plaintiff for judgment upon a verdict for plaintiff, directed by the court, under exceptions ordered to be heard in the first instance at general term. The action was brought by James C. Miller against the Mayor, Aldermen and Commonalty of the City of New York, to recover for work, labor, and services performed, and materials furnished. The facts fully ajipear in the opinion.
1Opinion of the CourtDavis, P. J.
The plaintiff performed the services and furnished the materials, for which this action was brought, in repairing schoolhouses in the twenty-second ward of the city of New York, at the request of some of the school trustees of that ward. The work was done at different dates between March 1st and December 31st, of that year, in small jobs of less than $50 each. The board of education, created by chapter 386 of thé Laws of 1851, was at that time in existence. It was a body corporate, capable of suing and being sued, and the corporation of the city of New York was not liable either for its…
2Cases cited3 opinions
- Terry v. MayorThe Superior Court of New York City · 1861
- Treadwell v. Mayor of New YorkNew York Court of Common Pleas · 1861
- Ham v. Mayor of New YorkThe Superior Court of New York City · 1874