Ross v. . Curtiss
New York Court of Appeals
This action was brought to recover from the defendant the interest on five certain bonds purporting to be issued by the town of Sterling, in Cayuga county, bearing date the 1st of July, 1853. These bonds were issued under date of 1st July, 1853, and purported to be issued under the act of 1851 (Session Laws, p. 544), That statute authorized the supervisors of the town of Sterling, Robert Hume and William Wyman, to borrow on the credit of the town such sum of money as they…
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This action was brought to recover from the defendant the interest on five certain bonds purporting to be issued by the town of Sterling, in Cayuga county, bearing date the 1st of July, 1853. These bonds were issued under date of 1st July, 1853, and purported to be issued under the act of 1851 (Session Laws, p. 544), That statute authorized the supervisors of the town of Sterling, Robert Hume and William Wyman, to borrow on the credit of the town such sum of money as they might deem necessary, not to exceed $25,000, for a term of years not exceeding twenty-five, with such rate of interest as…
1Opinion of the CourtIngraham, J.
Many of the questions which were raised on the trial of this cause were subsequently disposed of by this court in Starin, v. The Town of Genoa and Gould v. The Town of Sterling (23 N. Y., 439). The constitutionality of the act under which the bonds were issued, and the authority to date the bonds in 1853, and to issue them by the successors of the officers authorized to issue them under the first act, were therein adjudged.
It was also held in that case that the fact that the written assent of a majority of the tax-payers had been given was necessary and must be shown by the plaintiff to…
2Cases cited2 opinions
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1861
3Cited by24 opinions
- People Ex Rel. Martin v. . BrownNew York Court of Appeals · 1873
- Erb v. Banco Di NapoliNew York Court of Appeals · 1926
- B'd Sup'rs of Seneca v. . AllenNew York Court of Appeals · 1885
- Healey v. DudleyNew York Supreme Court · 1871
- First National Bank v. . WheelerNew York Court of Appeals · 1878
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