People ex rel. Gibbons v. Coler
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Richard Gibbons, 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 Kings on the 4th day of May, 1899, denying the relator’s motion for a peremptory writ of mandamus directed to Bird S. Ooler, comptroller of the' city of New York, commanding him to certify that there is in the treasury of that city $7,000 available and applicable to the payment for work to be done under a…
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Appeal by the relator, Richard Gibbons, 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 Kings on the 4th day of May, 1899, denying the relator’s motion for a peremptory writ of mandamus directed to Bird S. Ooler, comptroller of the' city of New York, commanding him to certify that there is in the treasury of that city $7,000 available and applicable to the payment for work to be done under a contract made between the city of Brooklyn and M. Gibbons & Sons, dated August 24,1897, over and above the sum of $15,000,…
1Opinion of the Court
Per Curiam :
The application is for a mandamus, to the comptroller of the city of New York, commanding him to certify that there is the sum of $7,000 in the treasury of the city, available and applicable to the payment of work to be done under a contract made between the relator and the officers of the late city of Brooklyn. By section 3, title 18 of the charter of the city of Brooklyn (Laws of 1888, chap. 583), it was provided that a contract should be valid and binding only when the comptroller should certify “ that the means required to make the payments under such contract are provided and…
2Cases cited2 opinions
- The People Ex Rel. Dannat v. . ComptrollerNew York Court of Appeals · 1879
- People v. . FowlerNew York Court of Appeals · 1873
3Cited by5 opinions
- State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
- New York State Construction Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- People ex rel. Adams Dry Goods Co. v. WoodburyAppellate Division of the Supreme Court of the State of New York · 1903
- People v. PrendergastNew York Supreme Court · 1917
- Carpenter v. VerdeNew York Supreme Court · 1982