Fifth Avenue Coach Co. v. State
New York Court of Claims
This claim is for the refund .of excess registration fees, which claimant, a corporation organized and existing under the laws of the State of Few York, was compelled to pay-under protest on registering eighty double-deck automobile stages, operated by the claimant in..passenger transportation service in Few York city, F. Y. The claimant, on or about July 28, *1910, made application to the Secretary of State, on blanks furnished by the Secretary for the registration, for the…
Read the full summary
This claim is for the refund .of excess registration fees, which claimant, a corporation organized and existing under the laws of the State of Few York, was compelled to pay-under protest on registering eighty double-deck automobile stages, operated by the claimant in..passenger transportation service in Few York city, F. Y. The claimant, on or about July 28, *1910, made application to the Secretary of State, on blanks furnished by the Secretary for the registration, for the period from August 1, 1910, to February 1, 1911, under chapter 374 of the Laws of 1910, of sixty-one double-deck…
1Opinion of the CourtBodenbeck, J.
The jurisdiction of the court to entertain this claim is the only question presented. The claimant paid excess registration fees, the State has the money and ought to refund it. The legality of the excess fees required to be paid has been passed upon by the Appellate Division of the third department, and the only question presented here is whether or not this court has jurisdiction to render an award for such excess.
This court has jurisdiction of “ private claims.” The term “private” is-used as the antithesis of “public.” Cayuga County Supervisors v. State, 153 N. Y. 279. The claim here urged…
2Cases cited3 opinions
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- Board of Supervisors v. StateNew York Court of Appeals · 1897
- Dale v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902