Dannat v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants, entered upon an order dismissing plaintiffs’ complaint on trial.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants, entered upon an order dismissing plaintiffs’ complaint on trial. (Reported below, 6 Hun, 88.) The complaint in this action alleged in substance that in March, 1872, one Alonzo Dutch entered into a contract with the “school trustees of the Tenth ward of the city of Hew York,” who were acting under the authority of the department of public instruction, by which plaintiffs agreed to do the carpenter work for a new school-house, about being erected, at a…
1Opinion of the CourtEarl, J.
The sole question to be determined upon this appeal is whether the city of Hew York, can be sued directly upon a contract made -with the department of 'public instruction of the city, in the year 1872,'for building-a school-house. The -money sought to be recovered !in this action is alleged to be a portion of one of the installments due -under -the contract which has been assigned or made payable to the plaintiffs by ■the original contractor. The action for the present purpose must he treated as if it -had been brought by the 'original contractor directly upon "the contract to recover money…
2Cited by22 opinions
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Swift v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1881
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Bell v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
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