Manchester & Keene Railroad v. Keene
Supreme Court of New Hampshire
Assumpsit, to recover a gratuity voted in aid of tbe construction of tbe plaintiffs’ railroad. Facts found by referees. At a legal meeting of tbe voters of the city of Keene, November 7, 1874, it was voted, by a majority exceeding two thirds, as follows: That the city of Keene raise by loan, for a term not exceeding thirty years, a sum equal to three per cent, of the last valuation of said city as made by the assessors, and appropriate the same as a gratuity to the…
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Assumpsit, to recover a gratuity voted in aid of tbe construction of tbe plaintiffs’ railroad. Facts found by referees. At a legal meeting of tbe voters of the city of Keene, November 7, 1874, it was voted, by a majority exceeding two thirds, as follows: That the city of Keene raise by loan, for a term not exceeding thirty years, a sum equal to three per cent, of the last valuation of said city as made by the assessors, and appropriate the same as a gratuity to the Manchester & Keene Railroad, to aid in the construction of that part of said road lying between Greenfield and Keene, provided…
1Opinion of the CourtClark, J.
By the terms of the resolution raising and appropriating the gratuity, it was declared to be appropriated for the purpose of aiding in the construction of that part of the Manchester & Keene Railroad between Greenfield and Keene. The object was to furnish means for building the road, and in order to make it available for that purpose, as the gratuity was not payable until the road should be completed for use, it might, and probably would, become necessary for the corporation to assign it as security to parties who might undertake the construction of the road. Such an assignment was made to…
2Cases cited9 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
- Courtright v. DeedsSupreme Court of Iowa · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Central Cambalache, Inc. v. MartinezCourt of Appeals for the First Circuit · 1936
- In re Mt. Washington S. S. Co.District Court, D. New Hampshire · 1942