5 N.Y.S. 673 | N.Y. Sup. Ct. | 1889
Lead Opinion
This contention involves the construction of section 30, tit. 22, c. 583, Laws 1888. There has been a similar provision in the charter of Brooklyn for many years, and it has been invariably held that the word “claim” referred to some account or money demand or contract, and not to
Dykman, J., concurs.
Not reported.
Dissenting Opinion
(dissenting.) The decisions are apparently conflicting, but I think the demurrer good. The section of the charter of the defendant is in these words: “Ho action or special proceeding shall be prosecuted or maintained against the city of Brooklyn, unless it shall appear by and as an allegation in the complaint or necessary moving papers that at least thirty days have elapsed since the claim or claims upon which said action or special proceeding is founded were presented in detail, and duly verified by such claimant or claimants, to the comptroller of said city for adjustment, and that he has neglected or refused to make any adjustment or payment thereof for thirty days after said presentment. The comptroller may require any person presenting for settlement an account or claim against the city of Brooklyn to be sworn before him, touching such account or claim, and, after being so sworn, to answer orally as to any facts relative to the justness of such account or claim. Willful false swearing before him is perjury, and punishable as such.” Chapter 583, tit. 22, § 30, p. 1109, Laws 1888. In the absence of authority, the case should be deemed' plain. The most comprehensive words known to the law are “claims” and “demands.” These words would make the most comprehensive expression known. One term includes the other, and without any doubt would include claims for negligence as well as claims