The People v. . Allen
New York Court of Appeals
Appeal'by the defendant from, an order of the Supreme Court, at General Term, in the fourth district, affirming an order of the Special Term, awarding a peremptory mandamus against the defendant, which commanded him, forthwith, to loan to the relators the sum of $60,000, out of the capital of the common school fund of the State, upon the delivery of the mortgage executed by the relators, referred to in the moving papers.
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Appeal'by the defendant from, an order of the Supreme Court, at General Term, in the fourth district, affirming an order of the Special Term, awarding a peremptory mandamus against the defendant, which commanded him, forthwith, to loan to the relators the sum of $60,000, out of the capital of the common school fund of the State, upon the delivery of the mortgage executed by the relators, referred to in the moving papers. The legislature, by an act passed April, 1868, entitled “An act to incorporate the Schenectady Astronomical Observatory,” constituted fourteen persons, named in the act, a…
1Opinion of the CourtFoster, J.
It is objected, on the part of the appellant, 1st. That, by the true construction of the statute in question, the comptroller was not bound to make the loan (irrespective of the question whether the act was constitutional) until after the erection of the observatory by the relators; and, 2d. That, in any event, there was no legal liability on the part of the StateJto loan the money, notwithstanding the passage of the law; and that, at most, the State, by the law, has only a%ithorized the comptroller, as its agent, to make the loan, and that in the exercise of that authority he had a…
2Cases cited13 opinions
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- The People v. . McCannNew York Court of Appeals · 1857
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
- The Sun Mutual Ins. Co. v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In re BreeneSupreme Court of Colorado · 1890
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- Webster v. PowellSupreme Court of Florida · 1895
- Wade v. Atlantic Lumber Co.Supreme Court of Florida · 1906
- Trapp, State Auditor v. Cook Const. Co.Supreme Court of Oklahoma · 1909
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