Tappen v. Gray
New York Court of Chancery
Bill and demurrer. The bill showed that on the twenty-eighth day of April, in the year one thousand eight hundred and thirty-seven, the complainant, Christopher B. Tappen, was appointed by the then* Governor of the stare of New-York, with the consent of the senate, inspector of flour in the city of New-York; and was to hold the office, together with the fees, profits and advantages to the same belonging, for and during the term limited by the constitution and laws of the…
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Bill and demurrer. The bill showed that on the twenty-eighth day of April, in the year one thousand eight hundred and thirty-seven, the complainant, Christopher B. Tappen, was appointed by the then* Governor of the stare of New-York, with the consent of the senate, inspector of flour in the city of New-York; and was to hold the office, together with the fees, profits and advantages to the same belonging, for and during the term limited by the constitution and laws of the state. That he took the oath of office ; entered upon the duties ; and had continued faithfully to discharge them until the…
1Opinion of the Court
The Vice-Chancellor :
The bill in this case presents a fitting cause for a court of equity to interfere by injunction on the principle of quia timet owing to the defendant’s insolvency and the consequent danger to the fees and emoluments of the office, while the right thereto is in dispute and until the question of such right can be determined by .the supreme court upon the quo warranto.
This court may not have jurisdiction to determine that question, so as to render a judgment or decree of ouster of the office. Still, it certainly may look into i.t for the purpose of seeing whether the bill…
2Cited by5 opinions
- In Re SawyerSupreme Court of the United States · 1888
- White v. BerrySupreme Court of the United States · 1898
- Barendt v. McCarthyCalifornia Supreme Court · 1911
- City of New York v. McAnenyNew York Supreme Court · 1921
- In Re SawyerSupreme Court of the United States · 1888