City of New York v. Third Nat. Bank
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the District Court, Southern District of New York, in favor of defendant in error, which was plaintiff below.
1Opinion of the Court
,DACOMBE, Circuit Judge.
The Waterfront Improvement Company had a contract for five years with the city 'of New York for furnishing scows and carrying away ashes and street sweepings. By its terms the company was to be paid monthly 90 per cent, of the prices specified for work done during the preceding month. Certificates of the amount of such work were to be given by the department of street cleaning on the 5th day of the month ensuing that in which the work was done and payment of the 90 per cent, was to be made 10 days thereafter: The remaining 10 per cent, was to be paid within 30 days…
2Cases cited4 opinions
- Brace v. . City of GloversvilleNew York Court of Appeals · 1901
- Graf v. . CunninghamNew York Court of Appeals · 1888
- Snyder v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- McKay v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Larabee Flour Mills Corp. v. City Flour & Grain Co.Court of Appeals for the Fourth Circuit · 1925
- Tanner v. Ballard & Ballard Co.Court of Appeals for the Second Circuit · 1921