Dwyer v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Dwyer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of January, 1899, upon the dismissal of the complaint at the close of the plaintiff’s evidence on a trial at the New York Trial Term.
1Dissent
Ingraham, J. (dissenting) :
The plaintiff made a contract with the defendant whereby he was to construct a boiler house and engine room in the Central Park in the city of Hew York for the use of the Metropolitan Museum of Art, for which the defendant agreed to pay the plaintiff the sum of $47,700. There are two causes of action alleged in the complaint. The first is to recover the balance alleged to be due under the contract, and the second is to recover the damages sustained by the plaintiff by reason of the refusal of the defendant to permit him to carry out the contract in a reasonable,…
2Cases cited6 opinions
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Lawrence v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- Dwyer v. . Board of Education of City of New YorkNew York Court of Appeals · 1900
- Dwyer v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1898
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