Legal Opinion

Sewer Commissioners v. Sullivan

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 11 opinions

Appeal by the plaintiff, The Sewer Commissioners of Amsterdam, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Montgomery on the 14th day of September, 1895, upon the report of a referee.

1Opinion of the Court

Merwin, J.:

In November, 1888, Sullivan & Co., a firm of which the defendant Sullivan is the survivor, entered into a contract with the plaintiff for the construction of a sewer in the city of Amsterdam. The work was commenced by Sullivan & Co. and continued by them until April 5, 1889, when the plaintiff took possession and completed the work at a loss to the city, as the jfiaintiff claims, of about $1,300 over and above the contract price. This loss the plaintiff in this action seeks to recover of Sullivan and the sureties on a bond given by the contractors for the faithful performance of…

2Cases cited1 opinion

  1. Sweet v. . MorrisonNew York Court of Appeals · 1889

3Cited by11 opinions

  1. Horan v. MasonAppellate Division of the Supreme Court of the State of New York · 1910
  2. Dowd v. StateAppellate Division of the Supreme Court of the State of New York · 1933
  3. In re the Estate of WatsonNew York Surrogate's Court · 1941
  4. Yonkers Contracting Co. v. New York State Thruway AuthorityNew York Court of Appeals · 1969
  5. Farrell v. LevyAppellate Division of the Supreme Court of the State of New York · 1910

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