Equitable Trust Co. v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, the Equitable Trust Company of New York, from an order of the Supreme Court, made at the Rock-land Special Term and entered in the office of the clerk of the county of Rockland on the 15th day of January, 1917, denying its petition herein, Order affirmed on the opinion of Mr. Justice Tompkins, with ten dollars costs and disbursements.
1Opinion of the Court
Jenks, P. J., Thomas, Stapleton, Rich and Blackmar, JJ., concurred.
The following is the opinion delivered at Special Term:
Tompkins, J.:
The decision of the Court of Appeals in the case of People ex rel. Hotchkiss v. Supervisors (65 N. Y. 222), which was approved and followed in several later cases (Adams v. Town of Wheatfield, 46 App. Div. 469; People ex rel. Chase v. Wemple, 144 N. Y. 482; Osterhoudt v. Rigney, 98 id. 233), squarely holds that a board of supervisors may, after having audited and allowed a claim, reconsider its action, and reaudit or disallow the same and is controlling on…
2Cases cited3 opinions
- People Ex Rel. Chase v. . WempleNew York Court of Appeals · 1895
- People Ex Rel. Hotchkiss v. Board of SupervisorsNew York Court of Appeals · 1875
- Adams v. Town of WheatfieldAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- State Ex Rel. Robertson Inv. Co. v. PattersonWyoming Supreme Court · 1934