Town of Essex v. Day
Supreme Court of Connecticut
Suit for the correction of certain bonds issued by the plaintiffs, which were in terms payable at the end of twenty years from their date, but which were intended to be issued with a provision that the town might at its option pay them in ten years from date; brought to the Superior Court in Middlesex County.
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Suit for the correction of certain bonds issued by the plaintiffs, which were in terms payable at the end of twenty years from their date, but which were intended to be issued with a provision that the town might at its option pay them in ten years from date; brought to the Superior Court in Middlesex County. The following facts were found by a committee:— On the 25th day of September, 1869, the town of Essex subscribed for four hundred and eighty shares of the capital stock of the Connecticut Valley Railroad Company, and on the 27th day of April, 1870, directed the issue of town bonds to the…
1Opinion of the CourtLoomis, J.
It is not necessary for us to consider in this case whether the bonds issued by the town are tobe regarded as negotiable and therefore protected in the hands of a bond fide holder against the correction which the plaintiffs seek to procure. We may assume for the purposes of this case, that, in the absence of notice on the part of the defendant of the error claimed by the plaintiffs to have intervened in the printing of the bonds, the correction could not be made.
Starting with this assumption, the questions which present themselves for consideration are the following:—
1. Have the plaintiffs,…
2Cases cited1 opinion
- Brooklyn Trust Co. v. Town of HebronSupreme Court of Connecticut · 1883
3Cited by16 opinions
- Allis v. HallSupreme Court of Connecticut · 1904
- Colvocoresses v. W. S. Wasserman Co.Court of Chancery of Delaware · 1942
- Home Owners' Loan Corporation v. StevensSupreme Court of Connecticut · 1935
- Howard v. TettelbaumOregon Supreme Court · 1912
- Northwest Thresher Co. v. McNinchSupreme Court of Oklahoma · 1914
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