People Ex Rel. Fiedler v. Mead
New York Court of Appeals
Appeal from a judgment of the Supreme Court, by which a peremptory mandamus-was awarded, requiring the defendants, as the supervisor and railroad commissioners of the town of Genoa, in Cayuga county, to pay to the relator, $560, alleged to be due him from the town of Genoa for interest upon eight obligations of said town for the payment of $1,000 each, held by the relator, which interest fell due on the first day of January and the first day of July, 1856, and for which the…
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Appeal from a judgment of the Supreme Court, by which a peremptory mandamus-was awarded, requiring the defendants, as the supervisor and railroad commissioners of the town of Genoa, in Cayuga county, to pay to the relator, $560, alleged to be due him from the town of Genoa for interest upon eight obligations of said town for the payment of $1,000 each, held by the relator, which interest fell due on the first day of January and the first day of July, 1856, and for which the relator holds coupons attached to the principal obligations. The obligations purport to have been issued pursuant to an…
1Opinion of the Court
Dentó, J.
The first question to be considered is, whether, upon the assumption that the obligations held by the relator1 are valid securities under the act of 1852, the proceeding by mandamus is the appropriate remedy for the relator under the circumstances of the case. It is shown that the money to pay the interest has been collected from the taxpayers of the town, by means of the usual official agencies, according to the directions of the act under which the bonds were issued, and that it has been paid to the county treasurer. It then became the? duty (supposing the bonds to be legal), of…
2Cases cited6 opinions
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
- Bank of Rome v. . Village of RomeNew York Court of Appeals · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
- Lewis v. Commissioners of Bourbon Co.Supreme Court of Kansas · 1873
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Town of Venice v. MurdockSupreme Court of the United States · 1876
- Hawkins v. Board of SupervisorsMississippi Supreme Court · 1874
38 more not listed; retrieve them via the Exa API.