Devlin v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Yew York, entered upon an order reversing a judgment in favor of plaintiff entered upon the report of a referee, and directing judgment absolute in favor of defendant The Mayor, etc.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Yew York, entered upon an order reversing a judgment in favor of plaintiff entered upon the report of a referee, and directing judgment absolute in favor of defendant The Mayor, etc. This action was brought by plaintiff, as assignee of an interest in a contract, made between the corporation of the city of üew York and one Andrew J. Hacldey under the act (chap. 309, Laws of 1860), for cleaning the streets of said city. The other defendants, it was alleged, claimed interest in the contract, but…
1Opinion of the CourtAllen, J.
The referee has found the making of the contract as alleged, the performance thereof by Hacldey, from the making thereof in February, 1861, until May, 1863, an ability, readiness and offer by him to perform the contract for the unexpired term thereof, and that he was, in May, 1863, without cause, ejected by the respondents from the work, and by them prevented from proceeding in the performance of the agreement. He has also found the amount due and unpaid for work actually done at the time of the interference by the respondents, and the damages sustained by the parties in interest by reason of…
2Cases cited10 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Myers v. . BurnsNew York Court of Appeals · 1866
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- Byxbie v. . WoodNew York Court of Appeals · 1862
5 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Contemporary Mission, Inc., Plaintiff-Appellee-Cross-Appellant v. Famous Music Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1977
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
- Smith v. Cumberland Group, Ltd.Superior Court of Pennsylvania · 1997
135 more not listed; retrieve them via the Exa API.