O'Hara v. . State of New York
New York Court of Appeals
Appeal from award of the Board of Claims made February 17, 1888. The nature of the claim and the material facts are set forth in the opinion. Claimant’s assignors were hound to inquire and ascertain the extent of the authority of the health officer. (Martin v. Farnsworth, 49 N. Y. 558.) No power to create any debt against the state existed upon the part of the commissioners or the health officer.
Read the full summary
Appeal from award of the Board of Claims made February 17, 1888. The nature of the claim and the material facts are set forth in the opinion. Claimant’s assignors were hound to inquire and ascertain the extent of the authority of the health officer. (Martin v. Farnsworth, 49 N. Y. 558.) No power to create any debt against the state existed upon the part of the commissioners or the health officer. (People v. Supervisors, 52 N. Y. 563; People v. Schuyler, 69 id. 242.) Chapter 472 of the Laws of 1886 is repugnant to the provisions of the Constitution of the state. (Const, art. 3, § 19 ; Id. art.…
1Opinion of the Court
Ruger, Ch. J.
This is an appeal by the state tram an award made by the Board of Claims, for services rendered and materials furnished, at the request of the quarantine officials, by the claimant in the years 3875 and 1876, in repairing and fitting up vessels and property used in quarantine affairs in the harbor of New York.
There can be no question but that the maintenance of the quarantine station in that harbor is of great public benefit and importance ; nor but that the legitimate expenditures therefor are a public necessity, justifying their incurrence and payment by the state. The…
2Cases cited4 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Cole v. . the State of New YorkNew York Court of Appeals · 1886
- Corkings v. . the StateNew York Court of Appeals · 1885
- McDougall v. . State of New YorkNew York Court of Appeals · 1888
3Cited by32 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- People v. Westchester County National BankNew York Court of Appeals · 1921
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- State v. ElliottCourt of Appeals of Texas · 1919
27 more not listed; retrieve them via the Exa API.