People ex rel. Boyle v. Trustees of the Village of Edgewater

New York Supreme Court

People ex rel. Boyle v. Trustees of the Village of Edgewater

51 How. Pr. 280

DecidedMay 15, 1876

StatusPublished

This text of 51 How. Pr. 280 (People ex rel. Boyle v. Trustees of the Village of Edgewater) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Boyle v. Trustees of the Village of Edgewater, 51 How. Pr. 280 (N.Y. Super. Ct. 1876).

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Opinion

By the Court, Pratt, J.

— At the time the respondent incurred the obligation stated the trustees had power to levy, by tax, $40,000. The relator must be presumed to have contracted with reference to that power, and relied upon it as a means of receiving his pay. In my judgment the trustees have power to raise, by tax, such sum as is necessary to pay debts contracted by the village prior to June 9th, 1872, not exceeding $40,000.

That the restriction confining the amount to $25,000 cannot be held to apply to debts contracted prior to June, 1872.

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By the Court, Pratt, J.

— At the time the respondent incurred the obligation stated the trustees had power to levy, by tax, $40,000. The relator must be presumed to have contracted with reference to that power, and relied upon it as a means of receiving his pay. In my judgment the trustees have power to raise, by tax, such sum as is necessary to pay debts contracted by the village prior to June 9th, 1872, not exceeding $40,000.

That the restriction confining the amount to $25,000 cannot be held to apply to debts contracted prior to June, 1872.

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Bluebook (online)

51 How. Pr. 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-boyle-v-trustees-of-the-village-of-edgewater-nysupct-1876.