Thompson v. Commissioners of the Canal Fund
New York Supreme Court
Order to show cause why an injunction should not issue. This was an application by John Thompson, of New York city, broker, for an injunction to restrain the Commissioners of the Canal Fund from making a loan of $1,250,000, for the canal enlargement, for which they had advertised to receive bids.
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Order to show cause why an injunction should not issue. This was an application by John Thompson, of New York city, broker, for an injunction to restrain the Commissioners of the Canal Fund from making a loan of $1,250,000, for the canal enlargement, for which they had advertised to receive bids. The facts appear in the opinion. contended that the act of April 14, 1855, (Laws of 1855, 970, eh. 528), under which the commissioners had advertised for the loan sought to be restrained, was unconstitutional, and therefore did not authorize the commissioners to make the loan sought to be restrained.…
1Opinion of the CourtMitchell, J.
Plaintiff is a tax-payer and inhabitant of this State, and has been such inhabitant since 1850. He loaned to the State on 21st June, 1855, one and a quarter million of dollars under the act of 19th February, 1855, {Laws of 1855, ch. 23), authorizing such a loan. The Commissioners of the Canal Fund have advertised for proposals for another loan of one and a quarter million of dollars, under the act of April 14, 1855, {Laws of 1855, ch. 528), and the plaintiff applies for an injunction to prevent their receiving bids for the loan or issuing stock for it, or proceeding further to perfect the…
2Cases cited5 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
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- Milhau v. SharpNew York Supreme Court · 1853
- Christopher & Tilton v. MayorNew York Supreme Court · 1852
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- United States Illuminating Co. v. HessNew York Supreme Court · 1889
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