Belden v. . the State
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 24, 1884, which affirmed an award of the board of audit; the nature of which and the material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 24, 1884, which affirmed an award of the board of audit; the nature of which and the material facts are set forth in the opinion. (Reported below, 31 Hun, 409.) The State having brought an action in tort for the fraud, in which the larger sum could be recovered, if a recovery could be had at all, in which a liability against the person would arise, and in which a counterclaim arising out of contract could not be interposed, it thus waived the remedy in contract.…
1Opinion of the CourtDanforth, J.
On the 2d of December, 1881, the appellants presented to the board of audit a claim for $125,406.90, with interest on $91,044.60, part thereof, from December 1, 1881, and on the 2d of May, 1882, a further claim by way of amendment to the original claim of $28,410.58, with interest from May 1, 1882, making the total amount claimed $153,-817.48, and for this sum, with interest, asked an award in their favor and against the State. The claim is for money alleged to have been earned under three contracts for canal work, dated September 9, 1869, and referred to respectively as “A,” “ B ” and “ O ”.…
2Cases cited3 opinions
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
- People v. . DenisonNew York Court of Appeals · 1880
3Cited by13 opinions
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1920
- In re the Estate of WingNew York Surrogate's Court · 1937
- Baldwin v. ShillIndiana Court of Appeals · 1892
- Thomas v. McDonaldSupreme Court of Iowa · 1897
- Ney v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1923
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