Reynolds v. Mayor of Albany
New York Supreme Court
Motion to dissolve an order in the nature of an injunction. In the month of March, 1850, the plaintiff commenced an action against the defendants, and obtained from a judge, ex parte, an order in the nature of an injunction, restraining the defendants and each and every of them, their officers and agents, from in any way appropriating or paying out any money, funds or'property belonging to the corporation of the city of Albany, for the purchase of a picture or portrait of…
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Motion to dissolve an order in the nature of an injunction. In the month of March, 1850, the plaintiff commenced an action against the defendants, and obtained from a judge, ex parte, an order in the nature of an injunction, restraining the defendants and each and every of them, their officers and agents, from in any way appropriating or paying out any money, funds or'property belonging to the corporation of the city of Albany, for the purchase of a picture or portrait of Governor Fish, pursuant to a resolution adopted by the common council of such city on the 18th of March, 1850. The…
1Opinion of the CourtWright, J.
As between the corporators and tax payers of the city of Albany, and the common council and chamberlain, the latter are the agents of the former, in the disbursement of the corporate funds. There is a novel question therefore in the case, whether, on the application of a corporator and tax payer, and upon the allegation that the agent has transcended or abused his agency or power, or is about to do so, this court is to be invoked and its power exercised to restrain such agent in the disbursement of the corporate funds. It seems to me very apparent that if the exercise of such power is to be…
2Cases cited1 opinion
- Hodges v. City of BuffaloNew York Supreme Court · 1846
3Cited by3 opinions
- Gillespie v. BroasNew York Supreme Court · 1856
- Bergner v. City Council of Harrisburg, Pennsylvania Court of Common Pleas, Dauphin County1867
- Forbes v. LoganThe Superior Court of New York City · 1859