In re the Morris & Cumings Dredging Co. , 101 N.Y.S. 726 ( 1906 )

Ingraham, J. (concurring):

T concur with Mr. Justice Clarke upon the ground that a proceeding by mandamus is not the proper remedy, but that the petitioner should be remitted to anxaction at law .to- establish his claim,' if any, against the defendant. !

Order affirmed, with ten dollars costs and disbursements. -. Order filed. • ¡