Legal Opinion

Darby v. Wright

U.S. Circuit Court for the District of Northern New York

Decided May 15, 1854PublishedCited by 1 opinion

In equity. [Bill by Abraham Darby and others against John C. Wright, comptroller of the state of New York, and others.] This was a motion to dissolve an injunction that had been granted by Mr. Justice NELSON. The facts sufficiently appear in the opinion of the court.

1Opinion of the Court

HALL, District Judge.

The principal question presented in this case is one of constitutional construction. The material facts of the case, as substantially conceded upon the argument, are as follows:

On the 28th of April, 1S40, an act was passed by the legislature of the state of New York, entitled “An act in aid of the Hudson and Berkshire Bailroad Company.” By this act, the comptroller of the state was authorized, whenever it should be made to appear to him, by the affidavits of the president and two of the directors of the company, that $500,000 had been expended by the company *1188in the…

2Cases cited1 opinion

  1. Cochran v. Van SurlayNew York Supreme Court · 1838

3Cited by1 opinion

  1. Northwestern & Pacific Hypotheek Bank v. StateWashington Supreme Court · 1897

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