McCubbin v. City of Atchison
Supreme Court of Kansas
Error from Atchison District Court. Action brought by McCubbin to recover from the city the sum of $436.80 alleged to be due him as assignee of a contract, for work done for the city.
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Error from Atchison District Court. Action brought by McCubbin to recover from the city the sum of $436.80 alleged to be due him as assignee of a contract, for work done for the city. Answer, first, a general denial; second, that defendant had been garnisheed by the creditors of O’Keefe, plaintiff’s assignor, and had been adjudged as such garnishee, and as the debtor of O’Keefe, to pay the four several sums of $202, $157.55, $48, and $29.25, (making said sum of $436.80.) The action was tried at the March Term 1873 of the district court. Verdict for plaintiff for $436.80. The defendant moved…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On the 9th of January 1872 the city of Atchison made a contract with D. C. O’Keefe to grade *169Spring street, between Seventh and Tenth streets. O’Keefe sublet the contract to one Montgomery. After the latter had done a small portion of the work he threw up his contract. O’Keefe then turned the work over to the plaintiff, who completed the grading, arid presented bis bill against the city for tbe entire amount done under the contract. The work was completed on or before the 29th of July 1872, and the bill therefor presented on that day. On the…
2Cited by8 opinions
- Switzer v. City of WellingtonSupreme Court of Kansas · 1888
- Scott v. StoneSupreme Court of Kansas · 1906
- Turner v. WilliamsSupreme Court of Kansas · 1923
- State v. AtwoodSupreme Court of Kansas · 1961
- Robertson v. RobertsonSupreme Court of Kansas · 1917
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