Farnham v. . Benedict
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 5, 1886, which affirmed a judgment in favor of defendant, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 5, 1886, which affirmed a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 39 Hun, 22.) This action was brought by plaintiff, as supervisor of the town of Attica, in the county of Wyoming, to recover damages alleged to have been sustained by said town by reason of certain fraudulent and unlawful acts on the part of the defendant, set forth in the complaint, the substance of which, as well as the facts as found, are stated in…
1Opinion of the CourtRapallo, J.
This case comes up on the findings of the referee. The. evidence is not contained in the case.
The cause of action claimed on the part of the plaintiff to have been established by the facts found, is, in substance, that in the month of September, 1875, the defendant having in his possession, without title, certain bonds of the town of Attica, which purported to have been issued pursuant to the town bonding acts, to aid in the construction of a proposed railroad pretended to have been incorporated under the name of the Attica and Arcade Railroad Company, sold and delivered such bonds to certain…
2Cases cited4 opinions
- Comstock v. . HierNew York Court of Appeals · 1878
- Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
- Thayer v. . ManleyNew York Court of Appeals · 1878
- Matter of Brooklyn, Winfield, Etc., R.R. Co.New York Court of Appeals · 1878
3Cited by20 opinions
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- Metropolitan Elevated Railway Co. v. KneelandNew York Court of Appeals · 1890
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Myrick v. PurcellSupreme Court of Minnesota · 1905
- Hoffman v. ToftOregon Supreme Court · 1914
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