Mayor v. Tenth National Bank
New York Supreme Court
Appeal from judgment sustaining counter-claim.
1Opinion of the CourtBrady, J.
It is conceded that, unless the advances constituting the counter-claim were validated by an act of the legislature, they form no barrier to the success of the plaintiff. They were made to meet existing emergencies, and, under the circumstances, correctly stated by the learned justice presiding in the court below.
The objections are chiefly that the legislature had not the power to legalize the claims, but, if they had, the statute does not embrace them, inasmuch as the emergencies contemplated and considered when the statute was enacted, and of which the court can take judicial notice, were…
2Cases cited5 opinions
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- The President, Etc. v. . CornenNew York Court of Appeals · 1867
- Syracuse City Bank v. DavisNew York Supreme Court · 1853
- President of the City Bank v. BarnardThe Superior Court of New York City · 1828