Mingay v. . Holly Manufacturing Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, made November 28, 1884, which reversed an order of Special Term granting an extra: allowance to defendant, the Holly Manufacturing Company.
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Appeal from order of the General Term of the Supreme Court, made November 28, 1884, which reversed an order of Special Term granting an extra: allowance to defendant, the Holly Manufacturing Company. The plaintiffs as tax payers of the village of Saratoga Springs brought this action against the Holly Manufacturing Com-pony, the village of Saratoga Springs and the board of water commissioners, alleging that the manufacturing company and the board of water commissioners had assumed to enter into a contract under which the company was to erect certain pumping and other water machinery in the…
1Opinion of the CourtAndrews, J.
The subject-matter involved in the action was the validity of the contract between the water commissioners and the Holly Company. But the sole object of the plaintiffs in impeaching the contract was to get rid of the obligation imposed thereby upon the water commissioners representing the village of Saratoga Springs, to pay the Holly Company the sum of $31,000, upon performance of the contract on its part, and the acceptance of such performance, by the water commissioners. If the contract was valid, this sum, on the completion and acceptance of the work, would constitute a debt against the…
2Cases cited3 opinions
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- The Atlantic Dock Company v. . LibbyNew York Court of Appeals · 1871
- O. L.C.R.R. Co. v. . v. C.R.R. Co.New York Court of Appeals · 1875
3Cited by1 opinion
- Halfmoon Bridge Co. v. . Canal BoardNew York Court of Appeals · 1914