Citations
- 66 N.Y. 585
Full opinion text
Earl, J.
The sole question to be determined upon this appeal is whether the city of Hew York, can be sued directly upon a contract made -with the department of 'public instruction of the city, in the year 1872,'for building-a school-house. The -money sought to be recovered !in this action is alleged to be a portion of one of the installments due -under -the contract which has been assigned or made payable to the plaintiffs by ■the original contractor. The action for the present purpose must he treated as if it -had been brought by the 'original contractor directly upon "the contract to recover money due thereon.
In 1851 (chap. 386 of the Laws of that year) an act was passed “ to amend, consolidate, and reduce to one act "the various acts relative to the common Schools of the city of Hew York.” By that act a board of education was created, -and clothed with the powers and privileges :of a Corporation for the purposes of the act. It was placed substantially in charge of the whole common-school system