Oswego County Savings Bank v. Town of Genoa
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Oswego County Savings Bank, from ■a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 13th day •of July, 1899, upon the decision of the court rendered after a trial •at the Onondaga Trial Term, a jury having been waived.
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Appeal by the plaintiff, The Oswego County Savings Bank, from ■a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 13th day •of July, 1899, upon the decision of the court rendered after a trial •at the Onondaga Trial Term, a jury having been waived. Chapter 298 of the Laws of 1871, which is referred to m the •opinion, provided “ any town, village or city in any county, through or near which said railroad or its branches may be located, except such counties, towns or cities as are excepted from the provisions •of the…
1Opinion of the Court
Williams, J.:
The judgment appealed from should be affirmed, with costs.
The action was brought to recover the amount of certain coupons upon bonds issued by the defendant in aid of the New York and Oswego Midland railroad. The defenses urged were that the bonds were invalid and uncollectible, because
First. The necessary consents of the taxpayers were not obtained.
Second. The acts of the Legislature, under which the bonds were issued, were unconstitutional, in that .they were private bills and embodied more than one subject.
■Third. The railroad did not determine to build and did not locate the…
2Cases cited3 opinions
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Cagwin v. . Town of HancockNew York Court of Appeals · 1881
- Purdy v. LansingSupreme Court of the United States · 1888