Administrative

In the Matter of the Claim of the Bank of Monroe, Appellant, v. The State of New York, Respondent

93 N.Y. 635·New York Court of Appeals·1883·NY

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Opinion

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.) 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. [MAJORITY — Danforth, J.,] Danforth, J., 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.