Gould v. . Town of Oneonta
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, withoixt a jury.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, withoixt a jury. (Reported below, 3 Hun, 401.) This action was brought to recover back moneys alleged to have been paid to defendant by one Wilber, plaintiff's assignor, under a contract for the sale of 700 shares of the stock of the Albany & Susquehanna Railroad Company, which contract was rescinded by Wilber because of failure on the part of defendant to perform. The facts, as found, were substantially as…
1Opinion of the CourtEarl, J.
Under chapter sixty-four of the Laws of 1856, as amended by chapter 401 of the Laws of 1867, the railroad commissioners of the town of Oneonta were authorized to subscribe for the 700 shares of the stock of the Albany & Susquehanna Eailroad Company. Having the authority to subscribe, they could do it in any appropriate and usual way. Hence the subscription they did nakein 1858 was authorized. It contained the usual provisions of such subscriptions, and provided that they would take and pay for the stock in such manner and in such instalments as the directors of the company should require or…
2Cases cited1 opinion
- Clarke v. . City of RochesterNew York Court of Appeals · 1863
3Cited by14 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Fletcher v. McGillIndiana Supreme Court · 1887
- Scipio v. WrightSupreme Court of the United States · 1880
- Baltimore City Passenger Railway Co. v. HambletonCourt of Appeals of Maryland · 1893
- Hoag v. . Town of GreenwichNew York Court of Appeals · 1892
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