Appellate Division of the Supreme Court of the State of New York December 15, 1908 (DeRaismes Engine Co. No. 1 v. City of New York)

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.