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DeRaismes Engine Company No. 1 v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1908
129 App. Div. 918 (N.Y. App. Div. 1908)

Opinion

December, 1908.


It may well be that the plaintiff has a cause of action under our judgment in Jones Hook Ladder Co. No. 1 v. City of New York ( 118 App. Div. 896). But this judgment cannot stand because there is not sufficient proof of the alleged contract to pay for the forage. This case presents the further question whether the plaintiff had legal standing because it failed to prove a compliance with the requirement of the last sentence of section 722 of the Greater New York charter. Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event. Woodward, Jenks, Hooker, Gaynor and Miller, JJ., concurred.


Summaries of

DeRaismes Engine Company No. 1 v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1908
129 App. Div. 918 (N.Y. App. Div. 1908)
Case details for

DeRaismes Engine Company No. 1 v. City of New York

Case Details

Full title:DeRaismes Engine Company No. 1, Respondent, v. The City of New York…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1908

Citations

129 App. Div. 918 (N.Y. App. Div. 1908)