Legal Opinion

People Ex Rel. Grannis v. . Roberts

New York Court of Appeals

Decided May 1, 1900PublishedCited by 21 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Movember 28, 1899, affirming an order of Special Term confirming the report of a referee and awarding a writ of peremptory mandamus directing the defendant, as comptroller of the state of Mew York, to accept certain drafts and to provide for the payment thereof. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Movember 28, 1899, affirming an order of Special Term confirming the report of a referee and awarding a writ of peremptory mandamus directing the defendant, as comptroller of the state of Mew York, to accept certain drafts and to provide for the payment thereof. The facts, so far as material, are stated in the opinion. The functions of the comptroller are judicial in their nature and he cannot be compelled by mandamus to decide in any particular way, or to audit the account to the…

1Opinion of the Court

Pabkeb, Ch. J.

The fact having been brought to the attention of the comptroller that the relators Grannis and O’Connor had made what is known as an unbalanced bid for the doing of certain work between locks numbers 61 and 62 on the western division of the Erie canal, he declined to pay the full amount of the drafts drawn upon him in behalf of Grannis and O’Connor, refusing to.accept and pay such part of the drafts as represented about the sum of §30,000. Thereupon relators instituted this proceeding for the purpose of obtaining a mandatory order of the court requiring the comptroller to accept…

2Cases cited1 opinion

  1. People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896

3Cited by21 opinions

  1. City of New York v. StateNew York Court of Appeals · 1976
  2. Edlux Construction Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1937
  3. People Ex Rel. Graves v. . SohmerNew York Court of Appeals · 1913
  4. Quayle v. . State of New YorkNew York Court of Appeals · 1908
  5. Board of Education of City of New York v. StateAppellate Division of the Supreme Court of the State of New York · 1982

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