Donovan v. . the Mayor, C., of N.Y.
New York Court of Appeals
The action was for work and materials. The complaint-alleged that in November and December, 1863, the plaintiff performed work, labor and services, and furnished materials, on the public roads of the city of New York, at the request of the defendant, specifying the value thereof, and claiming that the defendant was indebted to him therefor.
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The action was for work and materials. The complaint-alleged that in November and December, 1863, the plaintiff performed work, labor and services, and furnished materials, on the public roads of the city of New York, at the request of the defendant, specifying the value thereof, and claiming that the defendant was indebted to him therefor. The answer alleged that $75,000 was appropriated by chapter 227 of the Laws of 1863 to defray the expenses of repairing roads and avenues for that year; that at the time of the alleged employment of the plaintiff, this appropriation was exhausted, and that…
1Opinion of the Court
This is a hard case. A great number of a similar character now pending in the court below, depend upon our decision. If the appellants prevail, the respondent and those similarly situated will be without redress, unless against those who without authority assumed to employ them. If the respondents are right, the city of New York and all other municipal corporations within the limits of the State are delivered over to the local authorities, to be dealt with at the pleasure of city and county officials, practically free from the restraints of State sovereignty, and the limitations of general…
2Cases cited4 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Supervisors of Rensselaer County v. BatesNew York Court of Appeals · 1858
- Brady v. Mayor of New YorkThe Superior Court of New York City · 1867
3Cited by28 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Lindlots Realty Corp. v. County of SuffolkNew York Court of Appeals · 1938
- Lyddy v. . Long Island CityNew York Court of Appeals · 1887
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
- Lethbridge v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
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