Majority
p. 1124DERAISMES HOSE CO. NO. 1, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. December 30, 1908.)
Headnote
Action by the Deraismes Hose Company, No. 1, against the City of New York.It may well be that the plaintiff has a cause of action under our judgment in Jones Hook & Ladder Company, No. 1, v. City of New York, 118 App. Div. 896 , 103 N. Y. Supp. 1130 . But this judgment cannot stand, because there is not sufficient proof of the alleged contract to pay for the forage. Judgment of the Municipal Court reversed, and new trial ordered; costs to abide the event.