Legal Opinion

Kelly v. Merry

New York Court of Appeals

Decided June 6, 1933PublishedCited by 16 opinions

1Opinion of the Court

Pound, Ch. J.

This is a taxpayers’ action brought under section 51 of the General Municipal Law (Cons. Laws, ch. 24) to prevent an alleged illegal official act on the part of the village of Frankfort, N. Y., in carrying out the terms of a contract between the defendant McIntosh & Seymour Corporation and the village of Frankfort for the purchase and sale of three Diesel engines and other equipment for the purpose of manufacturing electric current for the electric lighting plant of the village. The contract is a conditional sales contract. It provided for the payment of the contract price of…

2Cases cited11 opinions

  1. Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
  2. Lang v. City of CavalierNorth Dakota Supreme Court · 1930
  3. Barnes v. Lehi CityUtah Supreme Court · 1929
  4. Wells v. . Town of SalinaNew York Court of Appeals · 1890
  5. Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856

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3Cited by16 opinions

  1. Gaynor v. MarohnNew York Court of Appeals · 1935
  2. New York Steam Corp. v. City of New YorkNew York Court of Appeals · 1935
  3. Fairbanks, Morse & Co. v. City of Wagoner, Okl.Court of Appeals for the Tenth Circuit · 1936
  4. El Paso County Water Improvement District No. 1 v. City of El PasoDistrict Court, W.D. Texas · 1955
  5. Village of Brewster v. HillOhio Supreme Court · 1934

11 more not listed; retrieve them via the Exa API.

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