The New York herald., 1875-09-24
The Third District Court
House Contract.
MOTHER MANDAMUS.
The Prescott House Bar
ber Case.
PAKULSKI HELD FOR EXAMINATION.
The Barmor8 Will Case-A
Million in 1t.

Another OF those hnnumerablo actions reopened
yesterday in Supreme Co'rt, Chambers, before Judge
Donohue, which city creditors have been forced to
bring against the Comptroller to enforce bis recognition
aud payment Of debts justly due by the city. In the
present application was made for peremptory
nandamus on behaii OF the nrm Of Walter r. Wood Il
Co. against Auditor Jackson and Comptroller Green
compel those officials to udit and pay the amount due
The relaors-about 81 O0O-for stone supplied for the
erection OF the Third Dstr Court House II appeared
hat the Of the firm had been certified by
he commissioner appointed for the erection of the
aid Court House correct, and there question
bout the material having been furnished or to its
value. Mr. Green, however, refused payment, and an
ation was brought 10 recover that amount and tried
Ast June when the complaint was dismissed by Judge
Jarrett the ground that by the terms of the act Of
1SO, authorizing the Of the Court House, the
ely although adopting the and appointing Of
tie commissioners, and allowing the erection of the
hildng proceed on of the city for its benefit
'as not such principal the contract would au-
torze suit against it, The remedy, If any, it in
mated, would probably be against the Commissioners
Individually
This decision consequent upon the views enter
aimed by the Supreme Court at General Term in the
laximillan brought against the city by
me Maximilan for tori committed through the neg
gence OF an employG the Commissioners OF Chari-
les and Correction, which plaintiff was nonsuited.
Under the above views the present proceeding by way
4 mandamus, instituted, the bonds and money for
to payment of the above and other expenses of the
hildng having been authorized to be issued by the
Comptroller under law passed in 1871, and the Board
{ Apportionment hayn authorized the issuing of
Z aficent bonds to pay the above claims
Mr.. Gerard for relators. claimed there dis
pte about the supply Of materials their value the
trms Of the contract, hat the Commissioners had
udited and passed upon the claim and funds had been
Rised for its payment. there manifest duty upon
ne Auditor and Comptroller TO audit and pay the claim
hat the remedy by the only one left to
ne applicants inasmuch the State could not be
able, under well known principles of law, nor the
ty as held in the Max Xmilan and in the similar
tton brought by the REALTORS against the city, and also
tied case in Cowen's Reports, showing that there
'as individual liability the part of the Commits
in favor of the REALTORS 1t further claimed
tat the State had done everything they could by the
pssage Of various acts for the purpose of creating
finds for the payment the expenses in erecting the
hiding and that the above officials, representing both
te State and the city, were bound TO clrry out the in
tntion of the Leg stature in paying claims duly
crtifed where there no dispute as to the facts
NJ Dean, in opposition, claimed that the only remedy
Ia by action and that by the construction OF the act
o 1870 remedy lay TOR the applicants through the
I, Wit of mandamus under that act was there any
rovsion for the payment of the claims of material
en. The decision of the Court reserved.