Legal Opinion

Agawam National Bank v. Inhabitants of South Hadley

Massachusetts Supreme Judicial Court

Decided April 3, 1880PublishedCited by 32 opinions

Contract upon two promissory notes, each signed “ The Inhabitants of South Hadley, by Ira B. Wright, town treasurer.” By the first, dated March 1, 1878, the defendant promised to pay, three months after date, to the order of the plaintiff’s cashier, the sum of $2000, “the same being part of the sum that the treasurer was authorized to borrow by vote of March 19,1877.” The second was dated May 4, 1878, and differed from the first only in the amount, and in the date of the…

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Contract upon two promissory notes, each signed “ The Inhabitants of South Hadley, by Ira B. Wright, town treasurer.” By the first, dated March 1, 1878, the defendant promised to pay, three months after date, to the order of the plaintiff’s cashier, the sum of $2000, “the same being part of the sum that the treasurer was authorized to borrow by vote of March 19,1877.” The second was dated May 4, 1878, and differed from the first only in the amount, and in the date of the vote referred to, which in this note was March 18,1878. The declaration also contained a count for money had and received,…

1Opinion of the CourtColt, J.

By the St. of 1875, e. 209, entitled an act to regulate and limit municipal indebtedness, it is provided in § 2 that *505“ no debts shall hereafter be incurred by any city or town, except debts for temporary loans in anticipation of the taxes of the year in which such debts are incurred, and of the year next ensuing, and made payable therefrom by vote of the said city or town; and except as hereinafter provided.” Section 3 provides that “ debts, other than those authorized by the second section of this act, shall hereafter be incurred by a town, only by a vote of two thirds of the legal voters…

2Cases cited10 opinions

  1. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  2. McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
  3. Thomas v. City of RichmondSupreme Court of the United States · 1871
  4. Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
  5. County of Warren v. MarcySupreme Court of the United States · 1878

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3Cited by32 opinions

  1. Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
  2. Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
  3. Smith v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1887
  4. Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
  5. Foote v. CottingMassachusetts Supreme Judicial Court · 1907

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