Bank of Rome v. . the Village of Rome
New York Court of Appeals
Appeal from the Supreme Court. The complaint stated that by chapter 283 of 1853, the president and trustees of the village of Rome, a body politic and corporate, were authorized, in behalf of the corporation, to subscribe for and hold stock in a railroad corporation, organized or to be organized for the construction of a railroad from some point on the River St. Lawrence to and terminating within the village of Rome, to an amount not exceeding $150,000. That the trustees…
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Appeal from the Supreme Court. The complaint stated that by chapter 283 of 1853, the president and trustees of the village of Rome, a body politic and corporate, were authorized, in behalf of the corporation, to subscribe for and hold stock in a railroad corporation, organized or to be organized for the construction of a railroad from some point on the River St. Lawrence to and terminating within the village of Rome, to an amount not exceeding $150,000. That the trustees were empowered, by said act, to provide for the payment of such stock by corporation bonds for not less than $100 each, to…
1Opinion of the Court
Johnson, Ch, J.
Assuming for the moment that the act of the legislature (ch. 283, Laws of 1853) under which the obligations in suit were issued, is not void as being an attempt to delegate the legislative power of the state, within the principles settled in Barto v. Himrod (4 Seld., 483), I shall consider, first, whether any particular provision of the constitution forbids the conferring on a municipal corporation power to take stock in a railroad company, and thereby to incur a debt; and second, whether, in the absence of any such particular provision, any ground exists on which a court is at…
2Cases cited2 opinions
- City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
- Thomas v. LelandNew York Supreme Court · 1840
3Cited by66 opinions
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Schulz v. State of New YorkNew York Court of Appeals · 1994
- Ex parte WallCalifornia Supreme Court · 1874
- Gordon v. . CornesNew York Court of Appeals · 1872
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