Camden Iron Works v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Camden Iron Works, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 20th day of June, 1904, upon the decision of the court rendered after a trial at the New York Special Term, except that part of said judgment which dismissed the complaint as to the defendant, The City of New York.
1Opinion of the Court
Ingraham, J. :. The plaintiff filed a lien upon'an amount due to the defendant Masterson under a contract by which the plaintiff was to supply to Masterson certain iron pipe to be used by him in the performance of a contract with the city of New York. The plaintiff, after furnishing some pipe under the contract for which it was paid, refused to complete the contract upon the ground that the inspectors appointed by the city to inspect the pipe before delivery had acted unjustly and arbitrarily in rejecting pipe that the plaintiff proposed to deliver, and stated that it would not continue…
2Cases cited1 opinion
- Montgomery v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1896
3Cited by3 opinions
- Estes v. Curtiss Aeroplane & Motor Corp.Appellate Division of the Supreme Court of the State of New York · 1920
- Duffy Bros. v. Bing & Bing, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- Willson & Adams Co. v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911