Legal Opinion

People Ex Rel. Binghamton Light, Heat & Power Co. v. Stevens

New York Court of Appeals

Decided October 3, 1911PublishedCited by 32 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1911, which confirmed an order of the public service commission for the second district requiring that the relator credit its fixed capital with the sum of $100,000 as a condition precedent to its execution and delivery of a mortgage and the issue of corporate bonds thereunder. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1911, which confirmed an order of the public service commission for the second district requiring that the relator credit its fixed capital with the sum of $100,000 as a condition precedent to its execution and delivery of a mortgage and the issue of corporate bonds thereunder. The facts, so far as material, are stated in the opinion. The issue of securities petitioned for by the relator is necessary for the discharge of its obligations and should have been permitted under…

1Opinion of the CourtChase, J.

Public service commissions were established in this state by chapter 429 of the Laws of 1907, to take effect J uly 1 of that year. The act was amended and revised by chapter 480 of the Laws of 1910, which took effect June 14, 1910. Section 69 of the act of 1907 as amended by the act of 1910 (Cons. Laws, ch. 48), so far as now material, is as follows: “ A gas corporation or electrical corporation organized or existing, or hereafter incorporated, under or by virtue of the laws of the state of New York, may issue stocks, bonds, notes or other evidence of indebtedness payable at periods of more…

2Cases cited8 opinions

  1. City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
  2. Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
  3. People Ex Rel. Jamaica Water Supply Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1909
  4. People Ex Rel. Delaware & Hudson Co. v. StevensNew York Court of Appeals · 1909
  5. People ex rel. Third Avenue Railroad v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1909

3 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Consolidated Gas Co. of New York v. NewtonDistrict Court, S.D. New York · 1920
  2. Alabama Public Service Commission v. Mobile Gas Co.Supreme Court of Alabama · 1925
  3. People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
  4. Atchison, Topeka & Santa Fe Ry. v. R.R. Comm'nCalifornia Supreme Court · 1916
  5. Havre De Grace & Perryville Bridge Co. v. TowersCourt of Appeals of Maryland · 1918

27 more not listed; retrieve them via the Exa API.

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