People ex rel. Vickerman v. Contracting Board
New York Supreme Court
THIS was a mandamus issued on the relation of the relator, James Vickerman, to compel the defendant to award to him the contract for the repair of a portion of the Brie canal, known as section Bo. 5. The cause-was tried before Judge Peokham, without a "jury, and a judgment entered awarding a peremptory mandamus.
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THIS was a mandamus issued on the relation of the relator, James Vickerman, to compel the defendant to award to him the contract for the repair of a portion of the Brie canal, known as section Bo. 5. The cause-was tried before Judge Peokham, without a "jury, and a judgment entered awarding a peremptory mandamus. The facts were, as appear by the findings of the judge, that on the 28th day of Bovember, 1859, the contracting board, consisting of the canal commissioners, state engineer and surveyor, and the auditor of the canal department, caused a notice to be published advertising for sealed…
1Opinion of the CourtMiller, J.
I think that there can be no doubt that the defendants, in rejecting the relator’s bid, acted without authority. The relator was the lowest bidder, furnished the requisite security for the performance of the contract, and was clearly entitled to it. (Const. art. 7, § 3. Laws of 1857, vol. 1, p. 214.) The rejection of the proposal on the ground that the certificate did not comply, with the terms of the notice, in being payable to the order of the relator himself and not to the auditor of the canal department, after it had been indorsed by the relator, was entirely unauthorized and illegal.…
2Cases cited3 opinions
- People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
- Ferguson v. HamiltonNew York Supreme Court · 1862
- Frost v. SmithThe Superior Court of New York City · 1860
3Cited by15 opinions
- Belmar Contracting Co. v. . State of New YorkNew York Court of Appeals · 1922
- State ex rel. Eaves v. RickardsMontana Supreme Court · 1895
- Bayliss v. Grand LodgeSupreme Court of Louisiana · 1912
- Patchogue Scrap Iron & Metal Co. v. IngrahamNew York Supreme Court · 1968
- Putnam Foundry & MacHine Co. v. Town Council of BarringtonSupreme Court of Rhode Island · 1907
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