Alvord v. . Syracuse Savings Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 7, 1884, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 34 Hun, 143.) ^ The nature of the action and the material facts are stated in the opinion. The statute of limitations is not a bar.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 7, 1884, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 34 Hun, 143.) ^ The nature of the action and the material facts are stated in the opinion. The statute of limitations is not a bar. (Laws of 1872, chap. 161, re-enacted in the Code of Civil Procedure, § 1925 ; Venice v. Breed, 62 N. Y. 471; Town of Venice v. Woodruff, id. 462; Miner v. Beekman, 50 id. 338 ; Hubbell v.…
1Opinion of the CourtFinch, J.
This case has in it several peculiar and exceptional elements, strong enough to exercise a determining influence upon its result. The action is in equity, and seeks the cancellation of certain municipal bonds in the hands of innocent holders, after the town, for more than ten years, had steadily paid the accruing interest without question or protest, and so had given to the securities credit, and disarmed suspicion, and created confidence on the part of investors. The action is not brought by the town, but by two of its tax payers, founding their right to be heard upon the act of 1872 (Chap.…
2Cases cited5 opinions
- Town of Coloma v. EavesSupreme Court of the United States · 1876
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Cagwin v. . Town of HancockNew York Court of Appeals · 1881
- Township of Rock Creek v. StrongSupreme Court of the United States · 1878
- Craig v. . Town of AndesNew York Court of Appeals · 1883
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- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Kelso v. Wall Street FundingAppellate Division of the Supreme Court of the State of New York · 2012
- Bachia v. PiepenbrinkNew York Supreme Court · 1912
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