Spano v. City of Middletown

This action is brought pursuant to section 51 of the General Municipal Law to restrain the issuance and delivery of bonds of the city of Middletown, which bonds are about to be issued for the purpose of financing the erection of a new high school as a P. W- A. project. The contention of the plaintiff is that since the charter of the city requires that the vote upon such a proposition shall be by ballot, unless the common council by resolution at the time of designating the time and place of election, shall permit the use of voting machines, and since no such designation was made and voting…