Legal Opinion

Bort v. Snell

New York Supreme Court

Decided January 15, 1886Published

Appeal from a judgment of the Jefferson County Court, affirming a judgment in favor of the plaintiffs rendered by C. M. Paris, a justice of the peace in the city of "Watertown..

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Appeal from a judgment of the Jefferson County Court, affirming a judgment in favor of the plaintiffs rendered by C. M. Paris, a justice of the peace in the city of "Watertown.. The defendant Snell with others, on June 3, 1873, executed and delivered to the plaintiffs the following agreement: “We, the undersigned taxpayers of the town of Orleans, in consideration of the bringing and prosecuting of the.certiorcvri in the ease of the Orleans bonding to the Court of Appeals, whereby it was finally decided that the bonding of said town of Orleans for the Clayton and Theresa Railroad was illegal…

1Opinion of the Court

Hardin, P. J.:

Defendant executed the paper which recites three considerations. Two of them were passed; the third one was recited, viz.: “ And in consideration of the said committee taking such other steps as may be necessary to render the decision of the Court of Appeals in said ease of benefit to the said town to enable said committee, if necessary, to take further legal proceedings.” Other steps were taken. Plaintiffs performed services in reliance upon the subscription of the defendant. The considerations named were adequate to uphold the subscription. (Presbyterian Society v. Beach, 74…

2Cases cited7 opinions

  1. Considerant v. . BrisbaneNew York Court of Appeals · 1860
  2. Hubbell v. . MedburyNew York Court of Appeals · 1873
  3. Smith v. . PetteeNew York Court of Appeals · 1877
  4. Presbyterian Society v. . BeachNew York Court of Appeals · 1878
  5. Buckbee v. BrownNew York Supreme Court · 1839

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