Thomas Harrington's Sons Co. v. Mayor of Jersey City
Supreme Court of New Jersey
On error to the Supreme Court. The writ of certiorari in this case brought into the Supreme Court for review the action of the board of street and water commissioners and the mayor of Jersey City in awarding a contract to Henry Byrne for the removal of garbage for the fiscal year beginning December .1st, 1908. The chief ground of attack upon this municipal action was its noncompliance with the provisions of the Garbage act of March 27th, 1902 (Pamph.
Read the full summary
On error to the Supreme Court. The writ of certiorari in this case brought into the Supreme Court for review the action of the board of street and water commissioners and the mayor of Jersey City in awarding a contract to Henry Byrne for the removal of garbage for the fiscal year beginning December .1st, 1908. The chief ground of attack upon this municipal action was its noncompliance with the provisions of the Garbage act of March 27th, 1902 (Pamph. L., p. 200), which requires that contracts awarded under that act be given to “the lowest responsible bidder who shall give satisfactory bonds…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
We think that the court below reached an erroneous conclusion when it determined that the municipal action before it, was to be tested by the provisions of the Jersey City charter of 1871 and not by those of the General Garbage act of 1902. The initial error was in the interpretation of the general act of 1902 that denied its application to a contract for one year. The language of that act is as follows: "It shall and may be lawful for the common council, board of aldermen or other governing body having charge of the streets of any city of…
2Cases cited1 opinion
- Faist v. Mayor of HobokenSupreme Court of New Jersey · 1905
3Cited by6 opinions
- Lohmann v. LohmannNew Jersey Superior Court Appellate Division · 1958
- Eldridge v. Philadelphia & Reading RailroadSupreme Court of New Jersey · 1912
- Studerus Oil Co. v. City of Jersey CitySupreme Court of New Jersey · 1942
- Mfrs. Bldg. v. Pub. Serv.New Jersey Court of Chancery · 1930
- Automatic Laundries, Inc. v. Bayonne Housing AuthorityNew Jersey Superior Court Appellate Division · 1957
1 more not listed; retrieve them via the Exa API.