Hull v. Ely
New York Supreme Court
Motion by plaintiff for an injunction. . This action was brought by James 0. Hull against Smith Ely, Jr., mayor, &c. of the city of Hew York, and others. The plaintiff was a resident of the city of Hew York, and a tax-payer therein, and as such brought this action, pursuant to 1 A., 1872, c. 161, to prevent certain alleged waste or injury to the property of the said city.
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Motion by plaintiff for an injunction. . This action was brought by James 0. Hull against Smith Ely, Jr., mayor, &c. of the city of Hew York, and others. The plaintiff was a resident of the city of Hew York, and a tax-payer therein, and as such brought this action, pursuant to 1 A., 1872, c. 161, to prevent certain alleged waste or injury to the property of the said city. The said waste consisting in the sale of certain ferry franchises, as was alleged by the plaintiff, in a manner contrary to law. - It was claimed upon the part of the defendants, and was virtually admitted by the plaintiff,…
1Opinion of the CourtVan Brunt, J.
[After stating the facts.]—One of the first elements of an application to a court of equity is, that the application is made in good faith for the purpose of redressing an appreciable wrong, or to prevent the infliction of a substantial injury upon the plaintiff or the persons whom he may be said to legally represent.
In other words, the bill must be filed in good faith, and the court will not entertain a bill where the equitable powers of the court are used as a mere pretense to give jurisdiction (Story's Eq. Jurisp. § 74).
But it is claimed upon the part of the plaintiff, that he being a…
2Cited by5 opinions
- Kimball v. HewittNew York Court of Common Pleas · 1888
- Winkler v. SummersNew York Supreme Court · 1888
- Peck v. BelknapNew York Supreme Court · 1889
- Kingsley v. BowmanAppellate Division of the Supreme Court of the State of New York · 1898
- Starin v. Mayor of New YorkNew York Supreme Court · 1886