First National Bank v. . Wheeler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as the owner of certain interest coupons of bonds issued by the town of Hancock, against defendants, as the railroad commissioners of said town, to recover moneys alleged to have been raised by taxation and' placed in the hands of said commissioners for the purpose of paying said coupons. The facts appear sufficiently in the opinion. Defendants were not precluded from questioning…
1Opinion of the CourtAndrews, J.
The facts connected with this litigation are peculiar. In 1871, commissioners appointed under enab ling acts, passed in aid of the construction of the New York and Oswego Midland railroad, issued $100,000 of bonds of the town of Hancock, in payment of a subscription for that amount made by them in behalf of the town to the capital stock of the said road, which road has since been constructed, and is now in operation through the said town. The railroad corporation issued to the town a certificate for one thousand shares of the stock of the road, that being the number of shares for which the…
2Cases cited3 opinions
- People Ex Rel. Martin v. . BrownNew York Court of Appeals · 1873
- Ross v. . CurtissNew York Court of Appeals · 1864
- People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1867
3Cited by9 opinions
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
- Hunter v. HumeSupreme Court of Virginia · 1891
- People ex rel. Masterson v. GallupNew York Supreme Court · 1883
- Mayor of New York v. GormanAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Ready v. MayorNew York Supreme Court · 1892
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