Legal Opinion

Town of Guilford v. Cornell

New York Supreme Court

Decided February 15, 1857PublishedCited by 2 opinions

Motion to correct the report of a referee. This was an action by the town of Guilford against Daniel Cornell, Ransom Clark, and the Board of Supervisors of Chenango County. The Board of Supervisors of the County of Chenango were proceeding to levy and collect a tax of upwards of two thousand dollars, of the taxable inhabitants of the town of Guilford, for the benefit of the defendants Cornell and Clark, to whom the money was to be paid when collected.

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Motion to correct the report of a referee. This was an action by the town of Guilford against Daniel Cornell, Ransom Clark, and the Board of Supervisors of Chenango County. The Board of Supervisors of the County of Chenango were proceeding to levy and collect a tax of upwards of two thousand dollars, of the taxable inhabitants of the town of Guilford, for the benefit of the defendants Cornell and Clark, to whom the money was to be paid when collected. The town of Guilford obtained an injunction in this action, restraining the levying and collecting of the tax. The judge who granted the…

1Opinion of the CourtBalcom, J.

—Although the undertaking of the plaintiffs’ sureties was that they would pay to the defendants such damages as they might sustain by reason of the injunction if “ this court” should finally decide that the plaintiff was not entitled thereto, the liability of the sureties is the same as it would be, provided they had undertaken to pay damages if the court should finally decide that the plaintiff was not entitled to the injunction. It was the intention of the sureties to bind themselves in the manner and to the extent required by the statute, to enable the plaintiff to obtain the injunction.…

2Cited by2 opinions

  1. Ocorr v. LynnNew York Supreme Court · 1918
  2. Fellows v. HeermansNew York Court of Appeals · 1870

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