Lyon v. City of Binghamton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, City of Binghamton and others, from an order of a justice of the Supreme Court, entered in the office of the clerk of the county of Broome on the 9th day of October, 1913, granting a temporary injunction restraining the defendants pendente lite from selling the bonds, amounting to $158,200, of the city of Binghamton, which it is proposed to issue for the purpose of establishing a municipal electric lighting plant, and from entering into any contract…
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Appeal by the defendants, City of Binghamton and others, from an order of a justice of the Supreme Court, entered in the office of the clerk of the county of Broome on the 9th day of October, 1913, granting a temporary injunction restraining the defendants pendente lite from selling the bonds, amounting to $158,200, of the city of Binghamton, which it is proposed to issue for the purpose of establishing a municipal electric lighting plant, and from entering into any contract for the construction and equipment of said electric lighting plant.
1Opinion of the Court
Howard, J.:
Section 6 of the General Municipal Law (Consol. Laws, chap. 24 [Laws of 1909, chap. 29], as amd. by Laws of 1910, chap. 677) provides: “A funded debt shall not be contracted by a municipal corporation, except for a specific object, expressly stated in the ordinance or resolution proposing it; nor unless such ordinance or resolution shall be passed by a two-thirds vote of all the members elected to the board or council adopting it, or submitted to and approved by the electors of the town or county, or taxpayers of the village or city when required by law. * * * Such ordinance or…
2Cases cited1 opinion
- People ex rel. Peene v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Burns v. City of WatertownNew York Supreme Court · 1925
- Flood Abatement Commission of Olean v. MerrittNew York Supreme Court · 1916
- Balducci v. StroughNew York Supreme Court · 1929