Town of Lyons v. Cole
New York Supreme Court
Appeal from an order of the special term denying a motion to dismiss the action as unauthorized. The action was brought in the name of the town of Lyons against David F. Cole and others, commissioners' appointed under Laws of 1869, chapter 907, and the acts amendatory thereof. The necessary facts appear in the opinion.
1Opinion of the CourtMorgan, J.
The resolution of the town meeting directs and authorizes a suit to be brought by the supervisor of the town “ as supervisor,” to restrain the defendants, or either of them, from disposing of $150,000 of town bonds to the Sodus Bay, Corning and New York Railroad Company, or to their financial agent, DeWitt C. Parshall, until the rights of the town are protected, or for such other and further relief as the court may deem just and equitable.
The preamble recites that commissioners of the town fraudulently and corruptly delivered the bonds to the company without requiring a guaranty that the road…
2Cases cited8 opinions
- Cornell v. Town of GuilfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- Denton v. JacksonNew York Court of Chancery · 1817
- Thayer v. LewisNew York Supreme Court · 1847
- Thomas v. SteeleWisconsin Supreme Court · 1867
- Williams v. ButlerIllinois Supreme Court · 1864
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