Schreyer v. Mayor of New York
The Superior Court of New York City
This action is brought to recover the eighth and last instalment upon a contract entered into by the defendants through the school trustees of the Tenth-ward of the city of New York, with the consent of the Board of Public Instruction of said city, with Alonzo Dutch, for the erection of a school-house. By the terms of the contract, it was to inure to the benefit of the Mayor,. Aldermen and Commonalty of the city of New York.
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This action is brought to recover the eighth and last instalment upon a contract entered into by the defendants through the school trustees of the Tenth-ward of the city of New York, with the consent of the Board of Public Instruction of said city, with Alonzo Dutch, for the erection of a school-house. By the terms of the contract, it was to inure to the benefit of the Mayor,. Aldermen and Commonalty of the city of New York. The contractor Dutch having failed, and having received the seventh instalment, leaving the eighth only unearned and unpaid, the plaintiff, with the consent of all…
1Opinion of the Court
By the Court.—Freedman, J.
The motion for a nonsuit was granted on the ground that the contract sued upon was not the contract of the defendants, and that they were not liable on it, and if the defendants were in a position to raise the objection, the complaint was properly dismissed. In Ham v. The Mayor, &c (37 Superior Ct. R. 458), this court distinctly held that the defendants are not liable for the acts or contracts of the Board of Education or the Department of Public Instruction, and this decision, if applicable to the case at. bar, would be conclusive upon that point. But under the…
2Cases cited3 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Paige v. . WilletNew York Court of Appeals · 1868
- Cummins v. BarkalowNew York Court of Appeals · 1868