Town of Wayne v. Sherwood
New York Supreme Court
Appeal from an order overruling a demurrer to the complaint. The commissioners had no right or authority to require or take; any consideration, by way of contract or otherwise, as an inducement to the performance of their duty. And any contract or condition not authorized by the statute was and is utterly void. (Webb v. Albertson, 4 Barb., 51; Palmer v. Fort Plain, etc., Plank P. Co., 1 Kernan, 376, 386; McGuire v. Smock, 42 Ind., 1; Fawl&r v. Seidly, 72 Penn.
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Appeal from an order overruling a demurrer to the complaint. The commissioners had no right or authority to require or take; any consideration, by way of contract or otherwise, as an inducement to the performance of their duty. And any contract or condition not authorized by the statute was and is utterly void. (Webb v. Albertson, 4 Barb., 51; Palmer v. Fort Plain, etc., Plank P. Co., 1 Kernan, 376, 386; McGuire v. Smock, 42 Ind., 1; Fawl&r v. Seidly, 72 Penn. St., 456; 12 Cush., 594; 18 Pick., 472; Macedón $ B. Plank P. Co. v. Snediker, 18 Barb., 317, 319.) The town has no inherent power to…
1Opinion of the Court
Mullin, P. J.:
In February, 1872, the Sodus Bay & Coming Bailroad Company was engaged in building a railroad between Sodus Bay and Corning. The route as located ran through the town of Wayne, in Steuben county. The taxpayers of said town had signed a petition in and by which they consented that the bonds of the town, to the amount of $30,000, should be issued, on which to raise money to aid in the construction of the road. The county judge appointed commissioners to prepare and issue the bonds of said town, and subscribe for the stock of the road to the amount of $30,000.
As an inducement to…
2Cases cited2 opinions
- Webb v. AlbertsonNew York Supreme Court · 1848
- Town of Verona v. PeckhamNew York Supreme Court · 1867