Peterson v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 17, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 17, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Ample power was conferred upon the aqueduct commissioners under the Laws of 1883, chapter 490, to adopt any form of contract which they deemed necessary and proper for the protection of the city, and the adoption and…
1Opinion of the Court
Cullen, Ch. J.
The action was brought on a contract made between the plaintiff’s assignor and the mayor, aider-men and commonalty of the city of New York for the performance of certain work. On the part of the defendant the contract was executed by the aqueduct commissioners, who were appointed under the provisions of chapter 490, Laws of 1883. The contract concludes : “ In witness whereof, the said aqueduct commissioners have hereunto set their hands and seals on behalf of the said parties of the first part, and the said party of the second part have also hereunto set their hands and seals;…
2Cases cited3 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Elliott v. . BradyNew York Court of Appeals · 1908
- Denike v. De GraafNew York Supreme Court · 1895
3Cited by6 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1934
- Standard Oil Co. v. SiracoAppellate Division of the Supreme Court of the State of New York · 1929
- Wood v. WiseAppellate Division of the Supreme Court of the State of New York · 1912
- Royal Indemnity Co. v. DanzigerAppellate Terms of the Supreme Court of New York · 1917
- Sheeran v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1935
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