People ex rel. Washington v. Nichols
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term denying application for a mandamus. This was an application for a peremptory mandamus against the defendant as comptroller of the State.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term denying application for a mandamus. This was an application for a peremptory mandamus against the defendant as comptroller of the State. The relator’s claim was founded upon the following provision of the appropriation bill of 1871 (chap. 715, Laws of 1871, p. 1581): “To Mrs. Lewis W. Washington, the sum of $20,000 for purchase of certain relics of General George Washington, offered by her to the State, to be paid upon the certificate of Martin Grover, the chancellor…
1Opinion of the CourtPeckham, J.
Several objections are presented by the respondent’s counsel to the granting of the mandamus prayed for, which I will consider in their order.
He insists first that “ the State does not owe the relator ‘ §20,000, and she had no right to demand a warrant for that sum until she had complied with a condition precedent,' to wit, until she had procured the certificate of the three persons designated by the legislature,” etc.
Procuring the certificate required by the statute is very clearly a condition precedent to any right to the money. If the relator has not obtained it she has no right, and of…
2Cases cited2 opinions
- Sheboygan Co. v. ParkerSupreme Court of the United States · 1866
- Ex parte RogersNew York Supreme Court · 1827
3Cited by3 opinions
- Weiner v. Yale Knitting MillsAppellate Division of the Supreme Court of the State of New York · 1910
- Rossiter v. SchultzWisconsin Supreme Court · 1885
- Muser v. RobertsonU.S. Circuit Court for the District of Southern New York · 1883