Nelson v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon an order made May 15, 1889, which affirmed a judgment in favor of , defendant entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon an order made May 15, 1889, which affirmed a judgment in favor of , defendant entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The validity of the contract upon which the plaintiff claims, was established by the-decision of this court on the former' appeal. (63 N. Y. 536; Brown v. Mayor, etc., Id. 244; Story on Agency, § 250 Hoyt v. Thompson, 19 N. Y. 219; Hasbrouck v.…
1Opinion of the Court
Earl, Ch. J.
This action was brought in October, 1873, to recover the balance claimed by the plaintiff to be due to him for vitrified salt glazed stoneware drain and sewer pipe and invert blocks, delivered by him to the city in the years 1871 and 1872, under a contract with the city made in 1871. He. has been paid seventy per cent of the contract price for the materials delivered, and the claim he now makes is for the: remaining thirty per cent retained by the terms of the contract, to wit, the sum of $54,550.60 and the interest thereon from December 12, 1872.
The action has been twice tried.…
2Cases cited2 opinions
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
- Matter of AndersonNew York Court of Appeals · 1888
3Cited by22 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Bone v. HayesCalifornia Supreme Court · 1908
- Port Jervis Water Works Co. v. Village of Port JervisNew York Court of Appeals · 1896
- Armaniaco v. CresskillNew Jersey Superior Court Appellate Division · 1960
- People Ex Rel. Smith v. . ClarkeNew York Court of Appeals · 1903
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