Banks v. Hun
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marcus T. Hun, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Albany on the 1st day of July, 1897, upon the decision of the court" rendered after a trial at the Albany Special Term overruling the defendant’s demurrer to the plaintiffs’ complaint.
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Appeal by the defendant, Marcus T. Hun, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Albany on the 1st day of July, 1897, upon the decision of the court" rendered after a trial at the Albany Special Term overruling the defendant’s demurrer to the plaintiffs’ complaint. The action was. brought to compel the defendant, the Supreme Court Reporter, to continue to furnish to the plaintiffs the decisions of the Supreme Court as provided under a contract made between the plaintiffs and defendant for their publication by the former for five…
1Opinion of the Court
Merwin, J.:
I concur in the .opinion of brother Landon, so far as he in substance holds that the contract in question was a valid one.
The amendment of 1897 did not affect vested rights. (People v. *502Supervisors, 67 N. Y. 109; Stat. Const. Law, § 31.) A contrae in pursuance of thé law as then existing, whether executed or executory, cannot.be annulled at the pleasure of the Legislature. (Potter’s Dwarris, 477; Fletcher v. Peck, 6 Cranch, 87; Von Hoffman v. City of Quincy, 4 Wall. 535, 549.) The ' rule is not changed by the circumstance that the public are interested to some extent in the…
2Cases cited6 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
- Danolds v. . the State of New YorkNew York Court of Appeals · 1882
- People Ex Rel. Canajoharie National Bank v. Board of SupervisorsNew York Court of Appeals · 1876
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