Boyle v. Grant
New York Supreme Court
Appeal from special term, New York county. Suit by Charles Boyle and Peter Butterly, tax-payers, against Hugh J. Grant, as mayor of the city of New York, Theodore W. Myers, as comptroller of the city of New York, and Thomas P. Gilroy, as commissioner of public works of the city of New York, to restrain the execution of an electric light contract, under chapter 531 of the Laws of 1881, as amended by chapter 673 of the Laws of 1887. Appeal by plaintiffs from an order denying a…
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Appeal from special term, New York county. Suit by Charles Boyle and Peter Butterly, tax-payers, against Hugh J. Grant, as mayor of the city of New York, Theodore W. Myers, as comptroller of the city of New York, and Thomas P. Gilroy, as commissioner of public works of the city of New York, to restrain the execution of an electric light contract, under chapter 531 of the Laws of 1881, as amended by chapter 673 of the Laws of 1887. Appeal by plaintiffs from an order denying a motion for the injunction. The opinion of the court below is as follows:
1Opinion of the CourtBartlett, J.
This action was instituted by the plaintiffs as tax-payers to prevent what they alleged to be an illegal official act on the part of the defend-: ants in executing a contract witli the United States Illuminating Company for the lighting of certain streets in the city of Hew York. The reasons which were given by the learned judge at chambers for denying the application for an injunction are so fully stated and so satisfactory in all respects but one that it is only necessary to discuss the single point in which we differ from his view of the law applicable to the case, and this'difference does…
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