People, ex rel. Bank of Monroe v. Canal Commissioners
New York Supreme Court
Demurrer to a return of the canal commissioners to an alternative mandamus. On the 24th day of May, 1842, the canal appraisers awarded to Harvey Ely the sum of $15,717,91, for the value of certain real estate belonging to him, situated on the Genesee river at Rochester, which had been appropriated and taken possession of by the canal commissioners for the improvement of the Erie canal, pursuant to the act of May 6, 1834, “ for the improvement of the canals of this state,”…
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Demurrer to a return of the canal commissioners to an alternative mandamus. On the 24th day of May, 1842, the canal appraisers awarded to Harvey Ely the sum of $15,717,91, for the value of certain real estate belonging to him, situated on the Genesee river at Rochester, which had been appropriated and taken possession of by the canal commissioners for the improvement of the Erie canal, pursuant to the act of May 6, 1834, “ for the improvement of the canals of this state,” and for his damages in the premises. This award was made upon a reappraisement pursuant to a special act of the…
1Opinion of the Court
By the Court, Whittlesey, J.
The question now to be considered is whether the state is bound or liable to pay interest on the amount due when the mandamus was served. The return sets up that neither the canal commissioners nor the commissioners of the canal fund, have ever in any case paid *403interest on any such awards for damages, and it claims that the state is exempt from the payment of interest. The state, as such, is not liable to pay either principal or interest, as it cannot be sued by a citizen, and of course cannot be compelled to pay any debt. But where questions of public indebtedness…
2Cases cited2 opinions
- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
- Comm'rs of Canal Fund v. KempshallNew York Supreme Court · 1841
3Cited by17 opinions
- United States v. North CarolinaSupreme Court of the United States · 1890
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- Fristoe v. Leon & H. BlumTexas Supreme Court · 1898
- State v. ElliottCourt of Appeals of Texas · 1919
- In Re the Appraisal Under the Transfer Tax Act of the Trust Estate Held for the Life of O'BerryNew York Court of Appeals · 1904
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