Buffalo Dump Truck Owners Ass'n v. Condon

Even if mandamus were the proper remedy under the facts here, the procedure followed would be open to serious objections. No “ moneys ” were held “ in trust ” for petitioner by Condon, chief clerk, Division of Highways. The moneys due on the contract were held by the State. Nor was the check, which had been drawn but not delivered, in Condon’s possession as trustee for petitioner. It was in his possession merely in connection with his routine clerical duties. His possession was the possession of the Division of Highways of the Department of Public Works. If there *274Was any duty here,…