The People Ex Rel. Dannat v. . Comptroller
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying an application for a writ of mandamus to compel defendant, the comptroller of the city of New York, to pay a claim of the relator against the city. The facts appear sufficiently in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying an application for a writ of mandamus to compel defendant, the comptroller of the city of New York, to pay a claim of the relator against the city. The facts appear sufficiently in the opinion. The order in suit and the notice to defendants of its consideration and purpose operated as an equitable assignment of the fund, and was not a bill of exchange, or an instrument of that nature. (3 Kent’s Com., 74; Burr. L. Dict., title Bills of Exchange; Edwds, on…
1Opinion of the Court
Church, Ch. J.
This controversy has been an unfortunate one for the relator. He had a valid claim for about $1,300 against Dutch, a contractor for building a school-house, in the tenth ward of the city of Hew York, for lumber furnished for the same, and procured an order from Dutch upon the board of education for that amount to bo paid out of the seventh payment to be made under said contract. This order was delivered to the board of education, and retained by it, and when the seventh payment became due, amounting to about $4,000, that board made a certificate thereof, stating all the facts…
2Cases cited6 opinions
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
- Parker v. . the City of SyracuseNew York Court of Appeals · 1865
- Campbell v. County of PolkSupreme Court of Iowa · 1856
- City of Lansing v. Van GorderMichigan Supreme Court · 1872
- People ex rel. McSpedon v. Stout, County TreasurerNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- In re CramondDistrict Court, N.D. New York · 1906
- State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
- American Bridge Co. v. WheelerWashington Supreme Court · 1904
26 more not listed; retrieve them via the Exa API.