Horton v. . Town of Thompson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Eeported below, 7 Hun, 452.) This action was brought upon two interest coupons upon a railroad bond, executed by three commissioners appointed for defendant, under and in pursuance of the act chapter 553, Laws of 1868. The referee found in substance, among other things, that a consent was signed by a majority of the tax-payers of the town, which consent referred to and stated that it was given in accordance with…
1Opinion of the CourtRapallo, J.
The act under which the bonds in question in this action were issued (Laws of 1868, chap. 553, amended by chap. 96 of Laws of 1869), required, among other things, that before contracting the debt or issuing the bonds, the written consent should be obtained of a majority of the tax-payers, stating the amount of money authorized to be raised, and the railroad company in the stock of which such money should be invested. The commissioners to be appointed under the act were thereby authorized to borrow the money on the credit of the town. They were authorized to dispose of the bonds, but for not…
2Cases cited2 opinions
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- Sheboygan Co. v. ParkerSupreme Court of the United States · 1866
3Cited by21 opinions
- Nichols v. StateCourt of Appeals of Texas · 1895
- Thompson v. PerrineSupreme Court of the United States · 1881
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Commercial Union Assurance Co. v. ScammonIllinois Supreme Court · 1888
- Thompson v. PerrineSupreme Court of the United States · 1883
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