
    DAVID A. BROWN v. “STREET LIGHTING DISTRICT NUMBER ONE,” OF WOODBRIDGE AND CARTERET ELECTRIC LIGHT AND POWER COMPANY.
    Argued February 16, 1904
    Decided June 13, 1904.
    A contract awarded to a private corporation by commissioners acting for a municipal corporation, one of whom is a stockholder in the private corporation, will be set aside on application of a taxpayer of the municipality.
    On certiorari.
    
    Before Justices Van Sycicel and Fokt.
    For the prosecutor, Neilson Abaci.
    
    For the defendants, Malcolm MacLear and Frederick IV eigel.
    
   The opinion of the court was delivered by

Tan Syckel, J.

The prosecutor sued out the writ in this case to set aside a contract awarded to the Carteret Electric 'Light and Power Company for lighting Woodbridge.

The prosecutor is a taxpayer and is a resident in said lighting district.

Ephraim Cutter, one of the commissioners who awarded the contract to the Carteret company, is a stockholder in said company, and therefore the contract is without validity and should be set aside. Winans v. Crane, 7 Vroom 394; Traction Company v. Board of Works, 27 Id. 431; Foster v. Cape May, 31 Id. 78.  