Clark v. . State
New York Court of Appeals
Appeal from award of the Board of Claims, made Hovember 15, 1892, in favor of claimant. The facts, so far as material, are stated in the opinion. The statute under which the claimant seeks to maintain his claim contravenes the State Constitution. (Laws of 1889, chap. 380 ; Const.
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Appeal from award of the Board of Claims, made Hovember 15, 1892, in favor of claimant. The facts, so far as material, are stated in the opinion. The statute under which the claimant seeks to maintain his claim contravenes the State Constitution. (Laws of 1889, chap. 380 ; Const. N. Y. art. 5, § 3 ; People ex rel. v. Angle, 47 Hun, 183 ; People ex rel. v. Albertson, 55 N. Y. 55 ; Laws of 1889, chap. 309 ; Laws of 1888, chap. 150 ; Laws of 1890, chap. 266.) It is submitted that even though the legislature of 1889 made no appropriations to meet the ‘requirements of chapter 380 of the laws of…
1Opinion of the CourtO’Brien, J.
The Board of Claims have made an award in tin's case in favor of the claimant based upon the following facts: The claimant was employed by the superintendent of public works during the season of navigation from May 1 to Xovember 1 in the year 1889, as a locktender on the canal. Xo express agreement was made as to compensation, but payment was made monthly during the six months of his employment at the rate of $20 per month. This seems to have been the compensation theretofore paid to persons so employed. The claimant, during part of the time at least, signed the monthly pay rolls, and at no…
2Cases cited2 opinions
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
- Kehn v. . State of New YorkNew York Court of Appeals · 1883
3Cited by43 opinions
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- People v. TremaineNew York Court of Appeals · 1929
- Berthiaume v. SCHOOL COM. OF CITY OF WOONSOCKETSupreme Court of Rhode Island · 1979
- People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
- City of Glendale v. CoquatArizona Supreme Court · 1935
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