People ex rel. Howard v. Newell
New York Supreme Court
Motion for a peremptory mandamus. On the 21st of July, 1847, the relator entered into contracts with the canal commissioners for the construction of three sections of the Black river canal and the dam across the Black river.
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Motion for a peremptory mandamus. On the 21st of July, 1847, the relator entered into contracts with the canal commissioners for the construction of three sections of the Black river canal and the dam across the Black river. Bach contract contained a provision as follows: “ To provide for the speedy and just settlement of this contract, it is hereby further mutually agreed that the resident engineer, for the time being in the employ of the canal commissioners on the work herein contracted for, shall, in all cases, determine the amount or quantity of the several kinds of work which are to be…
1Opinion of the CourtHarris, J.
It was insisted by the attorney general that the draft was not made in conformity with the act of 1851. That act directs that the award, made in pursuance of its provisions, shall be paid by the canal commissioners, &c. As the draft in question is signed by one commissioner only, it is insisted that it is not drawn in the manner authorized by law. But I do not think this objection should prevail. The care and superintendence of the canals generally is conferred by law upon the canal commissioners. In prescribing their duties and powers, the plural number is almost uniformly employed—and yet…
2Cases cited1 opinion
- Strang v. FergusonNew York Supreme Court · 1817
3Cited by1 opinion
- Dundon v. StarinWisconsin Supreme Court · 1865