City of Poughkeepsie v. . Quintard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22,1892, which directed a judgment in favor of plaintiff upon a case submitted under section 1279 of the Code of Civil Procedure.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22,1892, which directed a judgment in favor of plaintiff upon a case submitted under section 1279 of the Code of Civil Procedure. The question submitted was as to plaintiff’s right to enforce specific performance of a contract of sale by plaintiff to the defendant of nineteen bonds of $1,000 each, which were' issued and sold pursuant to the Refunding Act of 1878 (Chap. 75, Laws of 1878, as amended by chap. 526, Laws of 1889), for the purpose of paying, with the…
1Opinion of the CourtFinch, J.
The question raised in this case is over an apparent collision between the terms of the charter of the city of Poughkeepsie and the Refunding Act of 1878. The former provides (§ 125, chap. 523, title Y, Laws of 1883) that “ the common council shall not have power to borrow, and is hereby expressly prohibited from borrowing, any money on account of the city except as herein provided. The said council shall not create any pecuniary obligations whatever on the part of the city which shall not be payable in the current year, and which cannot be discharged from the income of the same year.” This…
2Cases cited1 opinion
- Hoey v. . GilroyNew York Court of Appeals · 1891
3Cited by25 opinions
- Wormser v. . BrownNew York Court of Appeals · 1896
- In re State to Issue Bonds to Fund IndebtednessSupreme Court of Oklahoma · 1912
- National Life Insurance v. MeadSouth Dakota Supreme Court · 1900
- Rodin v. State Ex Rel. City of CheyenneWyoming Supreme Court · 1966
- Citrus Growers' Development Ass'n v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1928
20 more not listed; retrieve them via the Exa API.