Mansfield v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1897, reversing a judgment in favor of defendant Gustaveson entered upon a decision of the court on trial at Special Term, and awarding judgment absolute against said defendant.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1897, reversing a judgment in favor of defendant Gustaveson entered upon a decision of the court on trial at Special Term, and awarding judgment absolute against said defendant. The plaintiff Mansfield in September, 1887, sued the defendant, the Mayor, Aldermen and Commonalty of the City of New York, to recover a balance of $1,000 alleged to be due him on contract with the city for the construction of a sewer. The city answered admitting the contract, the construction of the…
1Opinion of the CourtLandon, J.
We think this judgment should be affirmed. There is no allegation in the answer of the appellant, which is practically his complaint, that the city was primarily liable for the damages for which judgment was directed against the contractor, either as the author of his acts, his master, or joint wrongdoer with him, or as his surety. Ho such issue was tendered or has been tried. The city, pursuant to its ordinance and in order to protect itself, if by possibility it should be cast in damages because of the negligence of the contractor, agreed with him for indemnity against such contingent…
2Cases cited4 opinions
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- French v. . VixNew York Court of Appeals · 1894
- Mechanics & Traders' National Bank v. WinantNew York Court of Appeals · 1890
3Cited by6 opinions
- City of New York v. . BairdNew York Court of Appeals · 1903
- Oliver v. Pettaconsett Construction Co.Supreme Court of Rhode Island · 1914
- City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1902
- City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1909
- Epstein v. National Transportation Co.New York Court of Appeals · 1942
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