People ex rel. Ready v. Mayor
New York Supreme Court
Appeal from special term, Onondaga county. Application by the people of the state of New York, on the relation of Patrick Ready, for a writ of mandamus to compel the mayor and common council of the city of Syracuse, Benjamin W. Roscoe, treasurer of said city, and others, to issue certain bonds, pay certain money to relator, and collect a certain assessment for a sewer. From a judgment denying the application,, relator appeals. Reversed.
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Appeal from special term, Onondaga county. Application by the people of the state of New York, on the relation of Patrick Ready, for a writ of mandamus to compel the mayor and common council of the city of Syracuse, Benjamin W. Roscoe, treasurer of said city, and others, to issue certain bonds, pay certain money to relator, and collect a certain assessment for a sewer. From a judgment denying the application,, relator appeals. Reversed. In behalf of the relator it was alleged that he was a contractor with the city for the construction of a 36-inch brick sewer in Spruce street, from Washington…
1Opinion of the CourtHardin, P. J.
According to the notice calling for bids and specifications, and the contract between the parties, payment for the work in question was not to be made “ until the same shall have been completed, and the cost assessed and collected from taxpayers owning property liable to taxation for the construction of said work.” In the contract between the parties it was agreed as follows: “That no payment shall be made to the party of the first *238part under this contract until the cost of said work shall have been ascertained and assessed upon and collected from the taxpayers liable to local taxation upon…
2Cases cited10 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1861
- Smith v. . AlkerNew York Court of Appeals · 1886
- Kingsley v. . City of BrooklynNew York Court of Appeals · 1879
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3Cited by2 opinions
- Martindale v. Town of RochesterIndiana Supreme Court · 1908
- Pucci v. BarneyNew York Court of Common Pleas · 1893