Matter of Martin's Securities Co. v. Walker
Cases that cite this one
3 later published cases cite this decision.
- In re the County of Nassau (N.Y. 1965)
- Schweinberger v. Casey (New York Supreme Court 1939)
- Mount Vernon Trust Co. v. Lynn (Appellate Division of the Supreme Court of New York 1938)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 September 30, 2026. Source: CourtListener bulk data.