Peck v. . State
New York Court of Appeals
Appeal from award made by the Board of Claims September 8, 1891, in favor of plaintiff. Under the act, chap. 378 of the Laws of 1870, in October, 1871, the board of managers of the Buffalo State Asylum for the Insane entered into a contract with Linus Jones Peck & Co. for furnishing stone for the contraction of the asylum; and in January, 1872, a further contract was made between the same parties for cutting the stone to be used for the same purpose.
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Appeal from award made by the Board of Claims September 8, 1891, in favor of plaintiff. Under the act, chap. 378 of the Laws of 1870, in October, 1871, the board of managers of the Buffalo State Asylum for the Insane entered into a contract with Linus Jones Peck & Co. for furnishing stone for the contraction of the asylum; and in January, 1872, a further contract was made between the same parties for cutting the stone to be used for the same purpose. In pursuance of those contracts, Linus Jones Peck & Co., before the year 1878, furnished and cut stone, and thus became entitled to large sums…
1Opinion of the CourtEarl, J.
On the trial before the Board of Claims, the claimant introduced no evidence but the judgment in the mandamus proceeding against the Board of Managers of the asylum, and the certificate made by them as commanded by that judgment; and upon that evidence the Board of Claims based its award. '
The important question to be determined upon this appeal, is, whether the judgment in the mandamus proceeding against the Board of Managers is binding upon, and estops the state. The learned counsel for the claimant, upon his argument in this court, has called our attention to no authority which sustains…
2Cases cited4 opinions
- James v. CampbellSupreme Court of the United States · 1882
- Carr v. United StatesSupreme Court of the United States · 1879
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Thomas v. . FleuryNew York Court of Appeals · 1862
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- Gross v. Board of CommissionersIndiana Supreme Court · 1902
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
- Henderson County v. Henderson Bridge Co.Court of Appeals of Kentucky · 1903
- People v. City of San DiegoCalifornia Court of Appeal · 1925
- Broadway Central Securities Corp. v. Buchanan Restaurant Co.Appellate Division of the Supreme Court of the State of New York · 1926
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