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BEHNKE v. NEW JERSEY HIGHWAY AUTHORITY

13 N.J. 14 (1953)

97 A.2d 647

HENRY J. BEHNKE, PLAINTIFF-APPELLANT, 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-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 25, 1953.

Attorney(s) appearing for the Case

Mr. Douglas V. Aitken argued the cause for appellant.

Mr. Roger Hinds submitted a brief for reversal on behalf of New Jersey Taxpayers Association, as amicus curiae.

Mr. Morris M. Schnitzer argued the cause for respondent New Jersey State Highway Authority.

Mr. Theodore D. Parsons, Attorney-General, submitted a brief pro se and on behalf of respondent Walter T. Margetts, Jr., Treasurer of the State of New Jersey. Mr. Benjamin Van Tine, Deputy Attorney-General.

The opinion of the court was delivered by HEHER, J.

We have here a proceeding under the Declaratory Judgments Act (N.J.S. 2A:16-50 et seq.) to determine the constitutional sufficiency of c. 17 of the Session Laws of 1952, purporting to authorize "a liability of the State of New Jersey * * * for the guaranty of punctual payment" of the principal and interest accruing upon bonds, not exceeding $285,000,000 in the aggregate principal...

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