Matter of Martin's Securities Co. v. Walker

New York Court of Appeals

Matter of Martin's Securities Co. v. Walker

181 N.E. 70, 259 N.Y. 120, 1932 N.Y. LEXIS 913

CourtNew York Court of Appeals

DecidedApril 26, 1932

StatusPublished

Cited by3 cases

This text of 181 N.E. 70 (Matter of Martin's Securities Co. v. Walker) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Martin's Securities Co. v. Walker, 181 N.E. 70, 259 N.Y. 120, 1932 N.Y. LEXIS 913 (N.Y. 1932).

Pincite

Opinion

*123 Per Curiam.

Mandamus is not the proper remedy. There was no clear, legal duty on the part of the Commissioners of the Sinking Fund to certify the resolution.

The question as to the power of the Comptroller is not decided. (Cf. Matter of Craig v. Matthews, 238 N. Y. 88; Craig v. Commissioners of Sinking Fund, etc., 208 App. Div. 412; McCarthy v. Mills, 214 App. Div. 70.)

The order should be affirmed, with costs.

Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs and Crouch, JJ., concur; Kellogg, J., not sitting.

Order affirmed.

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