BEHNKE v. N.J. HIGHWAY AUTHORITY


25 N.J. Super. 149 (1953)

95 A.2d 606

HENRY J. BEHNKE, PLAINTIFF, v. NEW JERSEY HIGHWAY AUTHORITY, THEODORE D. PARSONS. ATTORNEY-GENERAL OF THE STATE OF NEW JERSEY, AND WALTER T. MARGETTS, JR., TREASURER OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 28, 1953.


Attorney(s) appearing for the Case

Mr. Douglas V. Aitken, attorney for plaintiff.

Mr. Morris M. Schnitzer, attorney for defendant New Jersey Highway Authority.

Mr. Theodore D. Parsons, Attorney-General, pro se and as attorney for defendant Walter T. Margetts, Jr., State Treasurer (Mr. Benjamin C. Van Tine, Deputy Attorney-General, appearing).

Mr. Roger Hinds, attorney for New Jersey Taxpayers Association, which files a brief as amicus curiae.


EWART, J.S.C.

The plaintiff, a citizen, resident, freeholder and taxpayer in the Township of Upper Deerfield, County of Cumberland, by his complaint filed in this cause levels an attack against the constitutionality of L. 1952, c. 17, by the terms whereof the State of New Jersey would guarantee punctual payment of the principal and interest of bonds, not exceeding in the aggregate the sum of $285,000,000...

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