Gaynor v. Marohn
New York Court of Appeals
The act (L. 1935, ch. 842) sanctions the use of county moneys and the issuance of county bonds for other than county purposes. (N. Y. Const, art. 8, § 10; Sun Pub. Assn. v. Mayor, 152 N. Y. 257; Village of Kenmore v. County of Erie, 252 N. Y. 437; Markey v. County of Queens, 154 N. Y. 675; County of Albany v. Hooker, 204 N. Y. 1; Loan Assn. v. Topeka, 20 Wall. 655; Matter of Chap?nan v. City of New York, 168 N, Y. 80; Smith v. Smythe, 197 N. Y. 457; Hesse v. Rath, 224 App.
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The act (L. 1935, ch. 842) sanctions the use of county moneys and the issuance of county bonds for other than county purposes. (N. Y. Const, art. 8, § 10; Sun Pub. Assn. v. Mayor, 152 N. Y. 257; Village of Kenmore v. County of Erie, 252 N. Y. 437; Markey v. County of Queens, 154 N. Y. 675; County of Albany v. Hooker, 204 N. Y. 1; Loan Assn. v. Topeka, 20 Wall. 655; Matter of Chap?nan v. City of New York, 168 N, Y. 80; Smith v. Smythe, 197 N. Y. 457; Hesse v. Rath, 224 App. Div. 344; 249 N. Y. 436; Hequembourg v. City of Dunkirk, 49 Hun, 550; Kelly v. Merry, 262 N. Y. 151.) The act contravenes…
1Opinion of the Court
Cbane, Ch,. J.
This action has been brought by taxpayers, under section 51 of the General Municipal Law (Cons. Laws, ch. 24), seeking to restrain the defendants, members of the Board of Supervisors of Albany county, from taking any steps to carry out the provisions of chapter 842 of the Laws of 1935 of the State of New York. The complaint alleges that the act is unconstitutional for various reasons, principally that it violates section 10 of article VIII, prohibiting a county from loaning its money or credit except for county purposes, and section 2 of article XII, known as the Home Rule…
2Cases cited23 opinions
- United States v. TestanSupreme Court of the United States · 1976
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Admiral Realty Co. v. . City of New YorkNew York Court of Appeals · 1912
- Robertson v. ZimmermannNew York Court of Appeals · 1935
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- Collins v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1984
- City of New Bedford v. New Bedford, Woods Hole & Steamship AuthorityMassachusetts Supreme Judicial Court · 1952
- People Ex Rel. Buffalo & Fort Erie Public Bridge Authority v. DavisNew York Court of Appeals · 1938
- Commissioner of Internal Revenue v. White's EstateCourt of Appeals for the Second Circuit · 1944
- Merritt-Chapman & Scott Corporation v. Public Utility District No. 2 of Grant County, WashingtonCourt of Appeals for the Second Circuit · 1963
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