Hart v. . City of New York
New York Court of Appeals
Appeal from a judgment, entered July 15, 1910, upon an order of the Appellate Division of the Supreme Court in the first judicial department overruling plaintiff’s exceptions, ordered to be held in the first instance by the Appellate Division, denying a motion for a new trial and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered July 15, 1910, upon an order of the Appellate Division of the Supreme Court in the first judicial department overruling plaintiff’s exceptions, ordered to be held in the first instance by the Appellate Division, denying a motion for a new trial and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The certificates given by the defendant’s officers and agents were by the express terms of the contract, in the absence of fraud or mistake and of this there was no proof, conclusive on the…
1Opinion of the CourtHiscock, J.
This action was brought to recover a balance alleged to be due to the appellant under a contract for the construction of a sewer and of a sewage disposal plant in the borough of Queens, and also several thousand dollars for extra labor and material which he alleges he was compelled to do and furnish “ in order to carry out and perform the terms of said contract, by reason of the wrongful acts, neglect, fault and omissions of the defendant, by changes of plans and in various other ways, and under the orders and directions of the defendant.” These last items of work and material are claimed to…
2Cases cited20 opinions
- Moore v. . MayorNew York Court of Appeals · 1878
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
- Hope v. City of AltonIllinois Supreme Court · 1905
- Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
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3Cited by13 opinions
- Matter of McNutt Co. v. EckertNew York Court of Appeals · 1931
- L&M Bus Corp. v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2009
- City of New York v. DavisCourt of Appeals for the Second Circuit · 1925
- Matter of Shaddock v. SchwartzNew York Court of Appeals · 1927
- Wadsworth v. . Bd. of SupervisorsNew York Court of Appeals · 1916
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