Kimball v. Hewitt
New York Court of Common Pleas
Motion to continue pendente lite an injunction restraining the defendants the mayor, the comptroller, and the commissioner of public works, individually or as a board, constituting the gas commission, under the provisions of Laws 1882, c. 410, § 69, from executing any contracts for furnishing the city of Hew York with electric lights with certain named electric light companies, under an award made by defendants pursuant to bids for the contract.
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Motion to continue pendente lite an injunction restraining the defendants the mayor, the comptroller, and the commissioner of public works, individually or as a board, constituting the gas commission, under the provisions of Laws 1882, c. 410, § 69, from executing any contracts for furnishing the city of Hew York with electric lights with certain named electric light companies, under an award made by defendants pursuant to bids for the contract. Before the bids were opened, the request of the Electric Construction Company’s counsel to be allowed to withdraw its bid was granted, and this…
1Opinion of the Court
Van Hoesen, J.,
(after stating the fads as above.) Had the defendants ■been acting in their own private business, there is no doubt that they could have-permitted the offer made by the Electric Construction Company to be withdrawn, but, acting as public officers, they could not lawfully forego the-right that the city had acquired to insist that the company should either carry out its offer or forfeit the amount that it had deposited as security. When the bid of the Electric Company, with the certified check that accompanied it, passed into the hands of the commissioner of public works, the…
2Cases cited1 opinion
- Hull v. ElyNew York Supreme Court · 1877
3Cited by3 opinions
- Times Publishing Co. v. City of EverettWashington Supreme Court · 1894
- Scott v. United States.United States Court of Claims · 1909
- E. W. Foley Contracting Corp. v. GreeneNew York Supreme Court · 1919