The People, Ex Rel. the Port Chester Savings Bank, Respondent v. David Cromwell

Summary

The Court of Appeals reversed the General Term's order granting a peremptory writ of mandamus and affirmed the Special Term's denial. It held that in a peremptory mandamus proceeding the court must assume the truth of the opposing affidavits and that the relator, having accepted a draft in lieu of cash, cannot compel the county treasurer to pay the coupons. The bank's authority was limited to payment, and the loss from the draft's non‑payment is the relator’s responsibility.