Adams v. East River Savings Institution
New York Supreme Court
Case submitted on agreed statement. Action by Henry H. Adams, county treasurer of Kings county, against the East River Savings Institution, to compel payment of a check given for Kings county bonds, which defendant claimed were invalid because issued in excess of the constitutional limitation of the county indebtedness. The parties submitted a case, and judgment was rendered for plaintiff.
1Opinion of the CourtCullen, J.
The question presented by this case is the interpretation to be placed upon the amendment of 1885 to section 11, art. 8, of the constitution of the state, limiting the power of certain counties and cities to incur debt. It is unnecessary to recapitulate the facts, which are fully detailed in the agreed statement submitted to the court. It is sufficient to say that if the water bonds of the city of Brooklyn are to be included in estimating its debt, and if the power of the county to incur debt is limited, either by the actual debt of the city of Brooklyn, or by excluding from the real estate…
2Cases cited3 opinions
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- Settle v. . Van EvreaNew York Court of Appeals · 1872
- People Ex Rel. Gilbert v. . WempleNew York Court of Appeals · 1891
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- In re SilkmanAppellate Division of the Supreme Court of the State of New York · 1903