People ex rel. De Forest v. Denniston
New York Court of Appeals
Appeal from the judgment at a general term of the Supreme Court in the fourth district, affirming an order of the special term, granting a peremptory mandamus to compel the Comptroller of the State of Hew York to make an indorsement on certain bonds of the State, loaned to the Long Island Bailroad Company.
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Appeal from the judgment at a general term of the Supreme Court in the fourth district, affirming an order of the special term, granting a peremptory mandamus to compel the Comptroller of the State of Hew York to make an indorsement on certain bonds of the State, loaned to the Long Island Bailroad Company. It was enacted, by chapter 193 of the Laws of 1840, that whenever the Long Island Bailroad Company should produce to the Comptroller the joint affidavits of five directors of said Company, that the sum of $400,000 of the moneys paid in on the capital stock of said company, had been actually…
1Opinion of the CourtJames, J.
The ground upon which the Comptroller placed his refusal to do the act required, was, that the act of March, 1858, authorizing it, was in conflict with the 9th section of article YII of the Constitution of this State, and therefore void. That section of the Constitution declares that the credit of the State shall not, in any manner, be given or loaned to or in aid of any individual, association or corporation. The Constitution was adopted in 1846, and by the 17th section of article I, it was declared that' such acts of the legislature of the State *250as were then in force, should be and continue…
2Cited by3 opinions
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Harrington v. City of Port HuronMichigan Supreme Court · 1891
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901