People v. Westchester County National Bank
New York Court of Appeals
Í' Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 20, 1921, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. If this legislation is violative of the Constitution in any of the particulars mentioned, then the bonds would be void and non-enforcible against the state.
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Í' Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 20, 1921, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. If this legislation is violative of the Constitution in any of the particulars mentioned, then the bonds would be void and non-enforcible against the state. Consequently this infirmity would constitute a full justification for the defendant’s refusal to accept and pay for the bonds which were struck off to it. (Newburgh Savings Bank v. Town of Woodbury, 64…
1Opinion of the CourtAndrews, J.
The only question before us is the validity of chapter 872 of the Laws of 1920. The defendant was the successful bidder for $25,000 of bonds issued under the authority of that act. It later refused to accept them. If the act is constitutional, under the submission the plaintiff is entitled to an affirmance of the judgment of the Appellate Division in its favor. If not, the defendant should succeed.
The act provides for the issue of $45,000,000 of bonds by the state. Their proceeds are to be paid into the state treasury and expended for a bonus to persons who served in the military or naval…
2Cases cited16 opinions
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Jones v. City of PortlandSupreme Court of the United States · 1917
- Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
- Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
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3Cited by95 opinions
- Gruen v. State Tax CommissionWashington Supreme Court · 1949
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- MATTER OF SCHULZ v. StateNew York Court of Appeals · 1995
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