Brown v. Mayor of New York
New York Supreme Court
Appeal from a judgment dismissing the complaint. The action was founded on an alleged contract dated September 27,1870, made by plaintiff with defendant, for regulating, grading and setting curb and gutter stone and flagging the sidewalks in Tenth avenue in the city of New York, amounting to $326,254.50, on which he had been paid $206,257.50, leaving a balance due of $90,337.50. The issue came on to be tried before Yah Brtjht, J., who, after the plaintiff had rested,…
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Appeal from a judgment dismissing the complaint. The action was founded on an alleged contract dated September 27,1870, made by plaintiff with defendant, for regulating, grading and setting curb and gutter stone and flagging the sidewalks in Tenth avenue in the city of New York, amounting to $326,254.50, on which he had been paid $206,257.50, leaving a balance due of $90,337.50. The issue came on to be tried before Yah Brtjht, J., who, after the plaintiff had rested, directed a judgment of dismissal of the complaint on the grounds set out in the opinion of the general term. This is an appeal…
1Opinion of the CourtDavis, P. J.
This action was tried before Mr. Justice Yah Brtjht, at circuit. At the close of the plaintiff’s case, the complaint was, on motion of defendant’s counsel, dismissed with costs. The action was brought upon a contract made by the commissioner of public works,-on behalf of the city, with the plaintiff on the 27th day of September, 1870, “for regulating, grading and setting curb and gutter stones in Tenth avenue, from Manhattan to One Hundred and Fifty-fifth street, and flagging the sidewalks thereof.” The questions raised upon the motion to dismiss the complaint were substantially:
First. That…
2Cases cited4 opinions
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- McSpedon v. Mayor of New YorkThe Superior Court of New York City · 1861
- Chester v. DickersonNew York Supreme Court · 1868
- President & Co. of the Mahaiwe Bank v. CulverNew York Court of Appeals · 1864