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New York Court of Appeals, 1932

Matter of Martin's Securities Co. v. Walker

Matter of Martin's Securities Co. v. Walker
New York Court of Appeals · Decided April 26, 1932 · <italic>Per Curiam.</italic>
181 N.E. 70; 259 N.Y. 120; 1932 N.Y. LEXIS 913 (North Eastern Reporter)

Matter of Martin's Securities Co. v. Walker

Opinion of the Court

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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