Town of Springport v. . Teutonia Savings Bank
New York Court of Appeals
Appeals from judgments of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon decisions of the court on trial at Special Term. These actions were brought to have certain bonds issued by plaintiff under the authority of chapter 314, Laws of 1869, as amended by chapter 152, Laws of 1870, delivered up and canceled and to restrain defendants from transferring them.
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Appeals from judgments of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon decisions of the court on trial at Special Term. These actions were brought to have certain bonds issued by plaintiff under the authority of chapter 314, Laws of 1869, as amended by chapter 152, Laws of 1870, delivered up and canceled and to restrain defendants from transferring them. Of these bonds $100,000 were issued, the bonds varying from $100 to $500 each, all in form negotiable. The court found the following facts : 11 That the…
1Opinion of the CourtRapallo, J.
These cases were disposed of in the Supreme Court on the authority of the case of the Town of Venice v. Woodruff (62 N. Y., 462). It is claimed on the part of the appellant that that case is clearly distinguishable from these, and we think that a comparison of the cases sustains this claim.
The controlling feature of the Town of Venice case was, that the plaintiff not only had a perfect defense at law against the bonds for the cancellation of which the action was brought, but that such defense consisted in the nonexistence of a fact which it was incumbent upon whoever might seek to recover…
2Cases cited12 opinions
- Grand Chute v. WinegarSupreme Court of the United States · 1873
- Peirsoll v. ElliottSupreme Court of the United States · 1832
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
- Hamilton v. CummingsNew York Court of Chancery · 1815
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Cagwin v. . Town of HancockNew York Court of Appeals · 1881
- Louisville Trust Co. v. Louisville, N. A. & C. R. Co.Court of Appeals for the Sixth Circuit · 1896
- Johnson v. SwankeWisconsin Supreme Court · 1906
- Blake v. Pine Mountain Iron & Coal Co.Court of Appeals for the Sixth Circuit · 1896
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