Andrew Kehn, Appellant v. the State of New York, Respondent

Summary

The Court held that a salary fixed by statute for firemen cannot be reduced by the State without further legislative action, that the 1875 appropriation act applied prospectively to firemen employed after its passage, and that the employee’s acceptance of reduced pay does not bar recovery of the full statutory rate. Accordingly, the board of audit's denial was reversed and judgment entered for the appellant.