Weismer v. . Village of Douglas
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order reversing a judgment of Special Term in favor of plaintiff) and directing judgment for defendant.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order reversing a judgment of Special Term in favor of plaintiff) and directing judgment for defendant. (Reported below, 6 T. & C., 514; 4 Hun, 201.) This action was brought to recover the interest due upon certain bonds issued by defendant under the act (chap. 577, Laws of 1868), authorizing defendant to take stock, not exceeding $10,000, in the Long Eddy Hydraulic and Manufacturing Company, upon certain conditions therein specified, and to issue bonds to…
1Opinion of the CourtFolger, J.
The main question in this case is, whether there was power in the legislature to pass the act, which ostensibly gave authority to the defendant to issue and negotiate its bonds, and with the moneys realized therefrom, to subscribe for and take shares of the capital stock of the manufacturing corporation. There was not, unless it is found in the power of taxation; and in the further right to delegate that power to a municipality, to be exercised by it, in a locality, and over a portion of the people, of the State. We shall look only to the power of taxation and the right to delegate it;…
2Cases cited2 opinions
- Thomas v. City of RichmondSupreme Court of the United States · 1871
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
3Cited by67 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Spencer v. MerchantSupreme Court of the United States · 1888
- Woodall v. DarstWest Virginia Supreme Court · 1912
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
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