Grant v. Courter
New York Supreme Court
IN March, 1856, an act was passed, entitled “An act to authorize any town in the counties of Schenectady, Schoharie, Otsego, Delaware, Chenango or Broome to subscribe to the capital stock of the Albany amd Susquehanna Bail Boad Company.”
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IN March, 1856, an act was passed, entitled “An act to authorize any town in the counties of Schenectady, Schoharie, Otsego, Delaware, Chenango or Broome to subscribe to the capital stock of the Albany amd Susquehanna Bail Boad Company.” (Laws of 1856, ch. 64.) The act provides among other things, that the commissioner in any of the towns in the counties aforesaid, shall borrow on the faith and credit of such town, provided the consent in writing of two-thirds of the tax payers, representing two-thirds of the taxable property in said town, appearing upon the last assessment roll, shall first…
1Opinion of the Court
By the Court, W. B. Wright, P. J.
The question submitted for our consideration is the constitutionality of the act, authorizing the towns in the counties through which the Albany and Susquehanna Rail Road is located, and in progress of construction, to borrow money and subscribe for and purchase the stock of the company, with the view of aiding a work, in a certain sense, a public improvement. (Laws of 1856, ch. 64.) The contemplated road running as proposed, through a.populous though comparatively insulated region of the state, may be regarded as a work of public necessity; and it may well…
2Cases cited2 opinions
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