132 N.E. 145 | NY | 1921
This appeal involves the further consideration of chapter 513, Laws of 1911, entitled: "An Act to legalize the acts and proceedings of the board of trustees of the village of Port Chester in contracting for and authorizing the determination of the amount of unpaid taxes and assessments and for establishing and putting into effect improved methods of accounting for such village, to legalize the services performed under such contract or in connection therewith, and to authorize the board of trustees to make payment therefor if able to agree upon the amount *453
due, and otherwise, to authorize the maintenance of an action to determine such amount," which is set forth in full in our opinion herein on another appeal (
The second cause of action pleaded is for damages for delay in placing the defendant's records at plaintiff's disposal. The statute purports to make the loss sustained by such delay a legal and binding obligation of the village. The range of its general subject is the legalization of the services rendered by plaintiff to the defendant under his contract and in connection therewith. This subject and this alone is expressed in the title. Any matter in a local bill which is not embraced within the subject expressed in the title is void. (Economic P. C. Co. v. Cityof Buffalo,
The third cause of action pleaded may, however, be distinguished in this regard. It is for the value of additional work, labor and services in connection with the work covered by the terms of the contract. Not only is reasonable compensation for such services declared by the statute to be a legal and binding obligation of the village, but such services are mentioned in the title and embraced in the general subject of the act as hereinbefore indicated. (Matter of Mayor, etc., of NewYork,
The judgment appealed from should be reversed as to the third cause of action and the order of the Special Term affirmed; and otherwise affirmed, without costs to either party.
HISCOCK, Ch. J., HOGAN, CARDOZO, POUND and ANDREWS, JJ., concur; CRANE, J., dissents from reversal of judgment of Appellate Division as to the third cause of action; CHASE, J., deceased.
Judgment accordingly.