Legal Opinion

Marsh v. . Town of Little Valley

New York Court of Appeals

Decided February 1, 1876PublishedCited by 7 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial without a jury.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial without a jury. (Reported below, 1 Hun, 554; 4 T. & 0., 116.) This action was brought upon three bonds issued by defendant under and in pursuance of chapter 590, Laws of 1869. The act legalizes the proceedings of a town meeting held by defendant’s electors, at which it was voted to raise money by tax to pay to each one furnishing substitutes under the call of the president of July, 1864, the sum of $200. It…

1Opinion of the CourtMiller, J.

The plaintiff’s claim is founded upon three several bonds purporting to have been issued in pursuance of chapter 590 of the Laws of 1869. The act in question legalizes the acts and proceedings of the electors at a special town meeting which had previously been held for the purpose of raising- money to pay bounties for furnishing substitutes; authorizes the board of town auditors to audit such claims, and the issue of town bonds to each person furnishing a substitute as therein provided. The fourth section of the act declares that said bonds shall be legal claims against the town ; and the…

2Cases cited2 opinions

  1. People Ex Rel. Perkins v. HawkinsNew York Court of Appeals · 1871
  2. Brown v. Town of CantonNew York Supreme Court · 1871

3Cited by7 opinions

  1. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
  2. Horn v. . Town of New LotsNew York Court of Appeals · 1880
  3. Bennett v. Town of OgdenAppellate Division of the Supreme Court of the State of New York · 1903
  4. Acme Road Machinery Co. v. Town of BridgewaterAppellate Division of the Supreme Court of the State of New York · 1905
  5. Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911

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