Buffalo Electric Co. v. State

Claimant corporation contracted with the State of New York through its Department of Health to do electrical work in the rehabilitation of the J. N. Adam Memorial Hospital for a total amount of $297,200. The work was completed and claimant was paid the amount due on its final estimate which was the sum of $23,995. In accepting payment of the State Comptroller’s check for that amount claimant, by its president, and, as said president testified, upon the advice of claimant’s attorney, indorsed the check as follows: “ This check is endorsed and accepted without waiver of rights to proceed,…