People ex rel. Rolf v. Coler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bird S. Ooler, as comptroller of the city of Hew York, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 21st day of December, 1900, directing the issuance of a peremptory writ of mandamus requiring the comptroller of the city of Hew York to draw a warrant on- the chamberlain of said city for a sum of money, being an installment claimed to be due under a…
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Appeal by the defendant, Bird S. Ooler, as comptroller of the city of Hew York, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 21st day of December, 1900, directing the issuance of a peremptory writ of mandamus requiring the comptroller of the city of Hew York to draw a warrant on- the chamberlain of said city for a sum of money, being an installment claimed to be due under a contract for. the erection of a pier at the foot of Broad street, East river, in the city of Hew York, and also from an order…
1Opinion of the Court
Hatch, J.:
The moving papers tend to establish that the relator has performed his contract to an extent which entitled him to the payment as claimed. In support thereof he produces the certificate of the engineer in chief of the department of docks and ferries that there has been earned under the contract a sum sufficient to entitle him to the payment represented by the warrant which the order directs to be drawn. It is evident, therefore, that under former decisions of this court, which are supported by the decisions of the Court of Appeals,
*132the relator makes prima facie case upon which to…
2Cases cited3 opinions
- People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
- Matter of FreelNew York Court of Appeals · 1896
- People ex rel. Rodgers v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- People ex rel. Lentilhon v. ColerAppellate Division of the Supreme Court of the State of New York · 1901
- Burdick v. HallAppellate Division of the Supreme Court of the State of New York · 1931