Utica Gas & Electric Co. v. Merry

239 A.D. 751, 263 N.Y.S. 277

Opinions

Orders affirmed, with ten dollars costs and disbursements as to each appeal. The contract constitutes an illegal waste because prohibited by section 128-a of the Village Law, added by chapter 852 of the Laws of 1928. " The purchase price is a debt of the village. (Newell v. People, 7 N. Y. 9.) Subdivision 37 of section 89 of the Village Law is especially made subject to other provisions of the Village Law and is, therefore, subject to section 128-a {supra). The expenditure was not included in the budget and there was no resolution to borrow on bonds or other obligations. All concur, except Thompson, J., who dissents in an opinion.