Smith v. Mayor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of Hew York, from a judgment of the Court of Common Pleas for the city and county of Hew York in favor of the 1 plaintiffs, entered in the office of the clerk of the county of Hew York on the 16th day of December, 1895, upon the verdict of a jury rendered after a trial at .a Trial Term of said court, and also from an order entered • in said clerk’s office on the 19th day ‘of December, 1895, denying the…
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Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of Hew York, from a judgment of the Court of Common Pleas for the city and county of Hew York in favor of the 1 plaintiffs, entered in the office of the clerk of the county of Hew York on the 16th day of December, 1895, upon the verdict of a jury rendered after a trial at .a Trial Term of said court, and also from an order entered • in said clerk’s office on the 19th day ‘of December, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the CourtPatterson, J.
There are two causes of action set forth in the complaint herein. On the trial the jury found in favor of the plaintiffs on the issues joined on the first cause of action only. From the judgment entered on the verdict, and from an order denying a motion for a new trial the defendant appeals.
The controversy relates to a contract made between one Cox, the plaintiffs’ assignor, and the defendant for regulating, grading, draining and invproving the easterly portion of the grounds included in Van Cortlandt Park. The contract was awarded to Cox on a bid made by him, but the work was done by the…
2Cases cited4 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
- Burke v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
- O'Brien v. Mayor of New YorkNew York Circuit Court · 1891
3Cited by15 opinions
- Molloy v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1911
- Horan v. MasonAppellate Division of the Supreme Court of the State of New York · 1910
- Snyder v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Mahoney v. Oxford Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Farrell v. LevyAppellate Division of the Supreme Court of the State of New York · 1910
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