Hall v. City of Buffalo
New York Court of Appeals
Joel Hall and five other persons brought this action against the city of Buffalo and Moses Balcer, and seven others. The following facts were found by the referee.
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Joel Hall and five other persons brought this action against the city of Buffalo and Moses Balcer, and seven others. The following facts were found by the referee. A city contractor, Moses Baker, in October, 1849, had made with, the city of Buffalo a contract to grade and fill certain market grounds, for which he was to paid in orders on the general fund of the city, to be paid from the tax of the year 1850. Baker, for a valuable consideration, from time to time drew and delivered to one Edwin Rose, orders on Cadwallader, the comptroller of the city, of one of which the following is a copy. “…
1Opinion of the Court
Denio, Ch. J.
It is not surprising that the common council of the city should have declined 'the task of settling the *304rights of the claimants to the moneys which Baker had earned, . and should have preferred to cut the knot, which it had become difficult to untie, and by acting upon Baker’s revocation of the orders which he had given, and paying the money directly to him. They seem to have made that election by directing a draft on the treasury, for the balance, to be given him. It is not apparent why the draft was not paid without a suit. If it was thought that a judgment in his favor would…
2Cases cited8 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Harris v. . ClarkNew York Court of Appeals · 1849
- Weston v. BarkerNew York Supreme Court · 1815
- Lowery v. . StewardNew York Court of Appeals · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
- The People Ex Rel. Dannat v. . ComptrollerNew York Court of Appeals · 1879
- J. E. Jones & Co. v. Pacific Wood, Lumber & Flume Co.Nevada Supreme Court · 1878
6 more not listed; retrieve them via the Exa API.