People Ex Rel. Williams Engineering & Contracting Co. v. Metz
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1908, which affirmed, an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to draw warrants on the chamberlain of the city of New York for the payment of certain installments alleged to be due the relator on a city contract. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1908, which affirmed, an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to draw warrants on the chamberlain of the city of New York for the payment of certain installments alleged to be due the relator on a city contract. The facts, so far as material, are stated in the opinion. There is no legal identity between the contract abandoned by Flanagan and that let to the present relator. (Murphy v. Buckman, 66 N. Y. 297; Gillen v.…
1Opinion of the CourtVann, J.
This proceeding was initiated by an order made at a Special Term of the Supreme Court, requiring the comptroller of the city of Flew York to show cause why he should not bé required to pay to the relator the sum of $9,634.75, as well as the further sum of $4,545.37, each being a partial payment upon a contract to complete the storm relief sewer in the borough of the Bronx. The facts were undisputed. It appeared that a prior contract, dated March 6th, 1906, had been made by one Flanagan to construct said sewer at unit prices estimated to amount to. the sum of $635,844.36. After Mr. Flanagan…
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