Legal Opinion · Dissent

People ex rel. Rodgers v. Coler

Appellate Division of the Supreme Court of the State of New York

Decided December 14, 1900Published

Appeal from special term, New York county. Application by William J. Rodgers for mandamus to Bird S. Coler,. comptroller of the city of New York. From an order denying a motion for a peremptory writ (66 N. Y. Supp. 163), relator appeals.

1Dissent

O’BRIEN, J. (dissenting).

The relator moved for a peremptory writ of man-

damus to compel the comptroller to deliver to him a warrant on the city chamberlain for the payment of $2,863. In his affidavit he alleges that on February 5, 1899, he entered into a contract with the city of New York whereby he undertook to grade West 135th street, which contract provided that 70 per cent, of the amount earned thereunder each month, if not less than $1,500, was to be paid; that the decision of the chief engineer of highways as to the work done and materials furnished was, as to the contractor, final and…

2Cases cited2 opinions

  1. People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
  2. People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898

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