Hyperlawhypertext legal database Claim of Bank of Monroe v. State 93 N.Y. 635

← Cases

Claim of Bank of Monroe v. State

93 N.Y. 635 Court N.Y. Decision date 1883-06-26 English

Delivered by Danforth, J.,

Contents

Majority

p. 635
In the Matter of the Claim of the Bank of Monroe, Appellant, v. The State of New York, Respondent.
(Argued April 19, 1883 ;
decided June 26, 1883.)

Headnote

This was an appeal from a judgment of the General Term of the Supreme Court, affirming a decision of the Board of Audit refusing to allow a claim against the State for an award of the Canal Commissioners.
It is not reported, as a majority of the court did not concur in the opinion.
James B. Perkins for appellant.
Leslie W. Russell, Attorney-General, for respondent.

reads for affirmance; Finch, J., concurs; Rapallo, J., concurs in result; Andrews, J., concurs on the ground that there was evidence that the award was obtained by fraud and collusion between the officers of the State and the parties prosecuting the claim ; Rhger, Ch. J., and Earl, J., dissent; Miller, J"., absent.

Judgment affirmed.