Horgan v. Mayor of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 3, 1897, affirming a judgment in favor of defendant, entered upon a dismissal of the complaint at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff had a right to contract, and did contract, with reference to the existence, proximity and utility of the sewer.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 3, 1897, affirming a judgment in favor of defendant, entered upon a dismissal of the complaint at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff had a right to contract, and did contract, with reference to the existence, proximity and utility of the sewer. (Reilly v. Mayor, etc., 111 N. Y. 473 ; Metropolitan Bank v. N. F. Co., 73 Ill. App. 164; Guccione v. Scott, 21 Misc. Rep. 410 ; Gallup v. Sterling, 22 Misc.…
1Opinion of the CourtBartlett, J.
The plaintiff, on the 14th day of January, 1893, entered into a contract in writing with the city of New York to furnish and provide all the necessary materials and labor, and excavate, remove and dispose of all silt, sediment ■and other materials deposited in the bottom of “ The Pond ” near Fifty-ninth street and Fifth and Sixth avenues, and construct a concrete bottom over same. This contract was to be completed by June 1st, 1893.
The plaintiff seeks to recover in this action for extra work under the contract and for moneys alleged to be due him on account of improper measurements by the…
2Cases cited3 opinions
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- Messenger v. . City of BuffaloNew York Court of Appeals · 1860
- Mansfield v. New York Central & Hudson River RailroadNew York Court of Appeals · 1886
3Cited by32 opinions
- Nicholas Di Menna & Sons, Inc. v. City of New YorkNew York Court of Appeals · 1950
- Langley v. . RoussNew York Court of Appeals · 1906
- Cauldwell-Wingate Co. v. StateNew York Court of Appeals · 1938
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Sundstrom v. . State of New YorkNew York Court of Appeals · 1914
27 more not listed; retrieve them via the Exa API.