Legal Opinion

People ex rel. Beck v. Coler

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

Decided July 1, 1898PublishedCited by 29 opinions

Appeal by the defendants, Bird S. Coler, comptroller of the city of New York, and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of ■ Richmond on the 1st day of June, 1898, granting the plaintiff’s motion for a peremptory writ'of mandamus directed to the defendants, commanding them to examine the relator’s claim and to audit and allow on said claim eighty-five per cent of the value of…

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Appeal by the defendants, Bird S. Coler, comptroller of the city of New York, and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of ■ Richmond on the 1st day of June, 1898, granting the plaintiff’s motion for a peremptory writ'of mandamus directed to the defendants, commanding them to examine the relator’s claim and to audit and allow on said claim eighty-five per cent of the value of the work performed and materials furnished by the relator, not exceeding the sum of $750, as certified 'to the said…

1Opinion of the Court

Cullen, J.:

On December 10, 1897, at a meeting of the inhabitants of school district Ho. 1 of the towns of Castleton and Middletown, Richmond county, a resolution was passed authorizing the trustees of the school district to purchase a new site and build a new schoolhouse thereon, and for that purpose to raise the sum of $80,000 by tax upon the district. Thereafter the trustees of the school district entered into a contract with the relator for the construction of the school building for the sum of $79,500, payments to be made as the work progressed, on the certificate of the engineer and the…

2Cases cited4 opinions

  1. Matter of FreelNew York Court of Appeals · 1896
  2. In re GuessNew York Supreme Court · 1896
  3. People ex rel. Kings County Gas & Illuminating Co. v. SchierenNew York Supreme Court · 1895
  4. People ex rel. Buffalo Paving Co. v. MooneyAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by29 opinions

  1. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
  2. People Ex Rel. Empire City Trotting Club v. State Racing CommissionNew York Court of Appeals · 1907
  3. People ex rel. Joseph Fallert Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1900
  4. People ex rel. Rodgers v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
  5. People ex rel. Treat v. ColerAppellate Division of the Supreme Court of the State of New York · 1900

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