People ex rel. New York & Canada Railroad v. Hutton
New York Supreme Court
Appeal from a judgment in favor of the relator, entered upon the trial of tbis action by the court without a jury. The action was brought to compel the defendants, by mandamus, to issue to the relator certain bonds of the town of Putnam, in aid of the relator’s road.
Read the full summary
Appeal from a judgment in favor of the relator, entered upon the trial of tbis action by the court without a jury. The action was brought to compel the defendants, by mandamus, to issue to the relator certain bonds of the town of Putnam, in aid of the relator’s road. The principal question in the case was as to the effect of what purported to bo the consent of a majority of the taxpayers to the issue of the bonds, and the affidavit of one of the town assessors thereto annexed. Section 2 of chapter 874 of 1867, under which the proceedings were had, provides, among other things, as follows,…
1Opinion of the Court
Bockes, J. :
The relators, the New York and Canada Railroad Company, by this proceeding obtained the judgment of the court, awarding a mandamus against the defendants, commanding them as commissioners of the town of Putnam, Washington county, to execute and deliver to such railroad company the bonds of the town to the amount of $12,000, on the delivery to them of the certificate of such company, entitling the town to 120 shares of its capital stock, of the par value of one $100 per share. This proceeding was instituted on the alleged ground that the town was regularly and in due form bound,»…
2Cases cited9 opinions
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- People Ex Rel. Albany & Susquehanna Railroad v. MitchellNew York Court of Appeals · 1866
- The Chemung Canal Bank v. . JudsonNew York Court of Appeals · 1853
- People Ex Rel. Martin v. . BrownNew York Court of Appeals · 1873
- People Ex Rel. Rogers v. . SpencerNew York Court of Appeals · 1873
4 more not listed; retrieve them via the Exa API.