McConnell v. . Allen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 7, 1907, which reversed a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at-Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 7, 1907, which reversed a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at-Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The town board of the town had ample authority to expend the sum in question, because the money in question is surplus moneys within the meaning of the statute. (L. 1891, ch. 164; McKane v. Voorhis, 19 N. Y. Supp. 141.) Chapter 396…
1Opinion of the CourtHaight, J.
The plaintiff as a taxpayer of the town of Cortlandt brings this action to restrain the town board from expending or contracting to expend, for highway purposes, certain moneys received from the city of Hew York; and that the supervisor of the town be required to invest the same and to apply the income therefrom only, in maintaining certain highways of the town. It appears from the findings that the city of Hew York, by its aqueduct commissioners, had appropriated certain highways and water rights of the town for the benefit of the city, and that the town had presented a claim against the…
2Cited by2 opinions
- Barnes v. Midland Railroad Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1914
- McLaughlin v. Niagara Falls Board of EducationNew York Supreme Court · 1963