Peterson v. . the Mayor, C., of New-York
New York Court of Appeals
Appeal from the New-York Common Pleas. The action was brought to recover for th¿ labor and service of the plaintiff in preparing certain plans, specifications and working drawings for the erection of a new edifice for the Washington market, in that city. The defendant put in issue all the material allegations in the complaint.
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Appeal from the New-York Common Pleas. The action was brought to recover for th¿ labor and service of the plaintiff in preparing certain plans, specifications and working drawings for the erection of a new edifice for the Washington market, in that city. The defendant put in issue all the material allegations in the complaint. On the trial,before Judge Ingraham, in 1853, the following facts appeared in evidence: The committee on markets, of the board of aldermen of New-York, in 1851, had before them for consideration, the subject of rebuilding Washington market, upon the reference to them of…
1Opinion of the CourtDenio, J.
The Court of Common Pleas decided correctly in holding that a committee of one of the boards of the common council had no right to employ the plaintiff to perform these services. The board of aldermen had not itself the right of its own authority to bind the city to payment for such services. That board was simply a branch of the common council, and its action, to be effectual, required to be concurred in by the other board, and to be presented to the mayor for his approval. (Laws of 1830, 125, §§ 1, 12; Laws of 1849, 278, §§ 1, 4, 6.) But the common council adopted the plans, estimates and…
2Cases cited6 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
- American Insurance v. OakleyNew York Court of Chancery · 1842
- Randall v. Van VechtenNew York Supreme Court · 1821
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
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3Cited by88 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Seif v. City of Long BeachNew York Court of Appeals · 1941
- Sluder v. City of San AntonioTexas Commission of Appeals · 1928
- Kramrath v. . City of AlbanyNew York Court of Appeals · 1891
- McBrian v. City of Grand RapidsMichigan Supreme Court · 1885
83 more not listed; retrieve them via the Exa API.