Legal Opinion

Brownell v. . Town of Greenwich

New York Court of Appeals

Decided June 11, 1889PublishedCited by 71 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, rendered June 30,1887, upon a case containing' a statement of the facts as agreed upon by the parties pursuant to section 1279 of the Code of Civil Procedure.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, rendered June 30,1887, upon a case containing' a statement of the facts as agreed upon by the parties pursuant to section 1279 of the Code of Civil Procedure. On December 31, 1884, the plaintiff commenced an action against the defendant, based upon the facts hereinafter stated, but subsequently the parties agreed that said action should be ■suspended and the questions in difference submitted to the ■Supreme Court as of the date when the action was commenced. They further agreed that, for the…

1Opinion of the CourtVann, J.

By the bonding act of 1869 the defendant was transformed from a mere political division of the state, with limited corporate powers, into a municipal corporation with power to borrow money on an extensive scale and to invest it in the stock or bonds of such railroad company as a majority of its taxpayers, representing a majority of its taxable property, should designate. (Laws of 1869, chap. 907, p. 2303; Horn v. Town of New Lots, 83 N. Y. 100, 107.) Those powers, however, remained dormant and wholly ineffectual for any purpose, unless they were called into action by the determination of the…

2Cases cited11 opinions

  1. Mayor, Etc., of N.Y. v. . SandsNew York Court of Appeals · 1887
  2. People Ex Rel. Albany & Susquehanna Railroad v. MitchellNew York Court of Appeals · 1866
  3. Rockwell v. . MerwinNew York Court of Appeals · 1871
  4. People ex rel. Haws v. WalkerNew York Supreme Court · 1856
  5. Horn v. . Town of New LotsNew York Court of Appeals · 1880

6 more not listed; retrieve them via the Exa API.

3Cited by71 opinions

  1. Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
  2. Bell v. KirklandSupreme Court of Minnesota · 1907
  3. Cox, Inc. v. Humble Oil & Refining Co.Texas Commission of Appeals · 1929
  4. Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
  5. Peery v. City of Los AngelesCalifornia Supreme Court · 1922

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