Benson v. Mayor of Albany
New York Supreme Court
ON the 22d of April, 1857, the plaintiffs applied for a temporary injunction to restrain the defendants from paying the interest to become due on the 1st of May ensuing, on certain bonds issued by the corporation of the city of Albany, under an act of the legislature passed in March, 1854. The act in question authorized the mayor, aldermen, &c. of the city of Albany to loan the credit of the city, or to extend such aid as they should deem expedient, to the Albany Northern…
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ON the 22d of April, 1857, the plaintiffs applied for a temporary injunction to restrain the defendants from paying the interest to become due on the 1st of May ensuing, on certain bonds issued by the corporation of the city of Albany, under an act of the legislature passed in March, 1854. The act in question authorized the mayor, aldermen, &c. of the city of Albany to loan the credit of the city, or to extend such aid as they should deem expedient, to the Albany Northern Rail Road Company, to an amount not exceeding $300,000, in such form and manner, and under such restrictions or conditions…
1Opinion of the CourtD. Wright, J.
The defendants having failed to appear and show cause, I was at first inclined to grant a temporary injunction. But when I reflected that not one of the bond holders, the only persons having an interest in the suit, hostile to the *250plaintiffs, was made a party, and that the interests of the plaintiffs and defendants, for aught that appeared to the contrary, were in perfect harmony—that they were indeed identical—I did not feel at liberty to grant it without giving the case as thorough an examination, and as careful a consideration, as my limited time would permit. Having done this, I have come…
2Cases cited3 opinions
- Brown v. MarylandSupreme Court of the United States · 1827
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Thomas v. LelandNew York Supreme Court · 1840
3Cited by11 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- State ex rel. Rosenstock v. SwiftNevada Supreme Court · 1876
- Pattison v. Bd. of Supervisors of Yuba Cty.California Supreme Court · 1859
- People ex rel. Albany & Susquehanna Railroad v. MitchellNew York Supreme Court · 1865
- Hale v. City of ColumbusOhio Court of Appeals · 1990
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