Everard v. Mayor of New York
New York Supreme Court
Action by James Everard against the mayor, aldermen, and commonalty of the city of New York to recover money alleged to be due to plaintiff from defendant for laying water mains. A verdict was directed in favor of defendant, and plaintiff moves for a new trial on exceptions ordered to be heard at general term in the first instance. Granted.
1Opinion of the CourtParker, J.
The plaintiff and the defendant entered into a contract in March, 1882, by which the plaintiff agreed to do the work .of laying water mains in Jerome avenue, in the city of New York, .and the defendant agreed to pay therefor on a basis specified. The work was performed by the plaintiff in due course, and accepted by the superintendent of public works. Payments were made from time to time to the plaintiff down to and after the commencement of this action; the last payment being $1,119.71. Plaintiff’s claim on the trial was that after the last payment there remained due to. him $2,191.81, being…
2Cases cited7 opinions
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Reed v. . McConnellNew York Court of Appeals · 1892
- Byron v. . LowNew York Court of Appeals · 1888
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3Cited by7 opinions
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- E. E. Smith Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924
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