Legal Opinion

Economic Power & Construction Co. v. City of Buffalo

New York Court of Appeals

Decided May 4, 1909PublishedCited by 37 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 25,1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. An act was passed by the legislature of the state of New York in 1893 and approved by the governor April 22, 1893, with the following title: “An act to incorporate the Economic Power and Construction Company.”

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 25,1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. An act was passed by the legislature of the state of New York in 1893 and approved by the governor April 22, 1893, with the following title: “An act to incorporate the Economic Power and Construction Company.” It is chapter 459 of the Laws of that year, and section 1 provides that certain persons named therein, “ and their associates, successors and assigns,…

1Opinion of the CourtChase, J.

The appellants contend that the act of the legislature under which the plaintiff claims to have been incorporated is in violation of article 3, section 16, of the Constitution of the state of Hew York which provides as follows: “Ho private or local bill, which may be passed by the legislature, shall embrace more than one subject, and that shall be expressed in the title.”

Our first inquiry is whether the act in question is a private bill. Blackstone in his Commentaries (Yol. 1, p. 86), says: “ Statutes are either general or special, public or private. A general or public act is an universal…

2Cases cited27 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
  3. Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
  4. Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
  5. Coxe v. . StateNew York Court of Appeals · 1895

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

3Cited by37 opinions

  1. Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
  2. City of New York v. Village of LawrenceNew York Court of Appeals · 1929
  3. Burke v. KernNew York Court of Appeals · 1941
  4. First Construction Co. v. . State of New YorkNew York Court of Appeals · 1917
  5. Matter of Mount Sinai HospitalNew York Court of Appeals · 1928

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

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