New York Mutual Gas-light Co. v. Mayor of New York

New York Supreme Court

New York Mutual Gas-light Co. v. Mayor of New York

49 How. Pr. 227

CourtNew York Supreme Court

DecidedJuly 15, 1875

StatusPublished

Cited by1 cases

This text of 49 How. Pr. 227 (New York Mutual Gas-light Co. v. Mayor of New York) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York Mutual Gas-light Co. v. Mayor of New York, 49 How. Pr. 227 (N.Y. Super. Ct. 1875).

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Opinion

Donohue, J.

I. The first defense is sham. It is substantially that it is not convenient to pay.

II. The second defense is also frivolous, a. It is in the alternative, b. It does not state that there was no appropria[228]*228tion in the treasury when the contract was made, which is the only defense allowed by the law.

III. If the second defense be not frivolous, then the defendant should be compelled to make it specific by alleging the amount of the appropriation and how it has been spent.

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Donohue, J.

I. The first defense is sham. It is substantially that it is not convenient to pay.

II. The second defense is also frivolous, a. It is in the alternative, b. It does not state that there was no appropria[228]*228tion in the treasury when the contract was made, which is the only defense allowed by the law.

III. If the second defense be not frivolous, then the defendant should be compelled to make it specific by alleging the amount of the appropriation and how it has been spent.

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Bluebook (online)

49 How. Pr. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-mutual-gas-light-co-v-mayor-of-new-york-nysupct-1875.

Opinion

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