People v. Phoenix Bank
The Superior Court of New York City
This is an appeal by the defendants from a judgment against them, rendered November 28, 1859, on a trial had before Bosworth, Ch. J. This suit was brought September 4, 1855, to recover from the defendants the sum of $35,603.74, and interest thereon from December 4, 1854, which sum the plaintiffs on that day paid to the defendants-, in pursuance of á decision of the Board of State Auditors of the State of Michigan, to the effect that the defendants had a claim against that…
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This is an appeal by the defendants from a judgment against them, rendered November 28, 1859, on a trial had before Bosworth, Ch. J. This suit was brought September 4, 1855, to recover from the defendants the sum of $35,603.74, and interest thereon from December 4, 1854, which sum the plaintiffs on that day paid to the defendants-, in pursuance of á decision of the Board of State Auditors of the State of Michigan, to the effect that the defendants had a claim against that State on which there was justly and equitably due to them for principal and interest the said sum of $35,603.74. There had…
1Opinion of the CourtRobertson, J.
—The capacity in which the Board of Auditors of the State of Michigan acted in passing upon the claim of the defendants against such State, having been fully discussed and settled in the former opinion of this Court at general term, when this case was before it on appeal, a re-examination of that question is rendered entirely unnecessary.
It was then held, that the proceedings and decisions of such Board “were as truly judicial in their nature as those of any special tribunal constituted by competent authority, to hear and decide controversies between adverse parties, not proceeding according…
2Cases cited3 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Mandeville v. WelchSupreme Court of the United States · 1820
- Ex parte RogersNew York Supreme Court · 1827
3Cited by1 opinion
- Keiny v. IngrahamNew York Supreme Court · 1873