Hall v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of Hew York and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Kings on the 13th day of August, 1901, upon the report of a referee establishing the validity and priority of certain liens and claims filed against the city of Hew York.
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Appeal by the defendants, The City of Hew York and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Kings on the 13th day of August, 1901, upon the report of a referee establishing the validity and priority of certain liens and claims filed against the city of Hew York. Also an appeal by the defendant, The Western Hational Bank of the City of Hew York, from the above-mentioned judgment, except those portions thereof awarding judgment against the other appellants and that portion dismissing…
1Opinion of the Court
Woodward, J.:
There is very little controversy over the material facts in this case, and were it not for certain defects in the matter of the appeal of the Western Fational Bank, there would be very little trouble in adjusting this controversy in harmony with well-established principles of law. On the 1st of November, 1897, one Martin D. Walsh entered into a written contract with the board of education of Union Free School District No. 1, of the town of Newtown, to erect a school building at Newtown, Queens county, for the sum of $47,803. This contract provided, among other things, that…
2Cases cited5 opinions
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Clapp v. . HawleyNew York Court of Appeals · 1885
- Timpson v. . AllenNew York Court of Appeals · 1896
- Wood v. BaileySupreme Court of the United States · 1875
- West v. PlaceNew York Supreme Court · 1894
3Cited by3 opinions
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- J. E. Carroll Sand Co. v. Earl C. Jones, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Century Cement Manufacturing Co. v. FioreAppellate Division of the Supreme Court of the State of New York · 1942