North River Electric Light & Power Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1219 of the Code of Civil Procedure. The statement of facts which the parties agreed to submit to the court for the determination of their controversy is as follows : “ First. That the plaintiff is a domestic corporation, duly incorporated and existing under the laws of the State of New York, located and doing business in the city of New York. “ Second.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1219 of the Code of Civil Procedure. The statement of facts which the parties agreed to submit to the court for the determination of their controversy is as follows : “ First. That the plaintiff is a domestic corporation, duly incorporated and existing under the laws of the State of New York, located and doing business in the city of New York. “ Second. That the defendant, the City of New York, is and was, at all the times hereinafter stated, a municipal corporation. “ Third. That in the regular course of its…
1Opinion of the Court
O’Brien, J.:
The precise question we are called upon to determine is, whether the failure to make a written contract between the parties hereto is *20fatal to the plaintiff’s right to recover; or, differently expressed and using the language of the submission, “ the only objection of the Comptroller of the City of New York to auditing and paying the said bill is that no written contract has been entered into between the plaintiff and the defendant.” That would imply that all the requirements leading up to a valid contract had been complied with except the reduction of the same to writing and its…
2Cases cited10 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Moore v. . MayorNew York Court of Appeals · 1878
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Harlem Gas Co. v. . Mayor, C., of N.Y.New York Court of Appeals · 1865
- Talbot v. . CrugerNew York Court of Appeals · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Los Angeles Dredging Co. v. City of Long BeachCalifornia Supreme Court · 1930
- Brooklyn City Railroad v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920
- Tobin v. Town CouncilWyoming Supreme Court · 1933
- Vermeule v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1919
- McCullough v. McTavishAppellate Court of Illinois · 1978
22 more not listed; retrieve them via the Exa API.