People ex rel. Duff v. Booth
New York Supreme Court
APPEAL from an order made at a special term, denying a motion for a mandamus, to compel the defendant, as mayor of the city of Brooklyn, to; sign a warrant issued by the comptroller in favor of the relator, for money claimed to be due him from the city as surviving partner of John F. Barrett, deceased.
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APPEAL from an order made at a special term, denying a motion for a mandamus, to compel the defendant, as mayor of the city of Brooklyn, to; sign a warrant issued by the comptroller in favor of the relator, for money claimed to be due him from the city as surviving partner of John F. Barrett, deceased. An affidavit of the relator was presented to a justice of this court, setting forth the following facts, viz : That he was the surviving partner of the firm of John F. Barrett and Francis H. Duff; that in .the latter part of March, 1865, he entered into partnership with the said J. F. Barrett,…
1Opinion of the Court
By the Court, Gilbert, J.
Upon the evidence disclosed by the affidavits, it is, at least, doubtful whether the relator is entitled to the moneys for which the warrant was drawn ; and I am constrained to say that I can find nothing in the papers before me which made it the duty of the comptroller to draw the warrant in favor of the relator. The contract was with Barrett. He is dead. Prima facie his legal representatives are entitled to the money due from the city. The relator claims that he was a partner, and produces a certificate to that effect, alleged to have been signed by Barrett. This is…
2Cited by2 opinions
- State ex rel. Wells v. MarstonSupreme Court of Kansas · 1870
- People ex rel. Welling v. MeakinNew York Supreme Court · 1890