Gould v. Town of Venice
New York Supreme Court
APPEALS from orders made at a special term, ordering judgment for the defendant on demurrer to the complaint in each of the above actions.
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APPEALS from orders made at a special term, ordering judgment for the defendant on demurrer to the complaint in each of the above actions. The complaint in the first suit alleged, that by an act of the legislature of the state of New York, entitled “an act to authorize any town in the county of Cayuga to borrow money for aiding in the construe» tion of a rail road, or rail roads, from Lake Ontario to the New York and Erie, or Cayuga and Susquehanna rail road,” passed April 16th, 1852, it was, among other things, made lawful for the supervisor and rail road commissioners of the town of Venice,…
1Opinion of the Court
By the Court, T. R. Strong, J.
The constitutionality of the statute under which the instruments in question, called bonds, were issued, must be deemed settled by recent decisions. (The Bank of Rome v. The Village of Rome, 18 N. Y. R. 38. Clarke v. The City of Rochester, 24 Barb. 446. Benson v. Mayor &c. of Albany, Id. 248. Grant v. Courier, Id. 232.)
The plaintiffs are bona fide purchasers of the so called bonds, for a valuable consideration, and if the statute authorized instruments of such a nature, and they are negotiable, like bills *451of exchange and other commercial paper, there can be no…
2Cases cited2 opinions
- State of Illinois v. DelafieldNew York Court of Chancery · 1840
- Clarke v. City of RochersterNew York Supreme Court · 1857
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- Talcott v. Pine GroveU.S. Circuit Court for the District of Western Michigan · 1872
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