Town of Venice v. . Woodruff
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants entered upon the report of a referee. This action was brought to have certain bonds, issued by the supervisor and railroad commissioners of the town of Venice, delivered up and canceled, and to restrain defendants, the holders of said bonds, from transferring them.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants entered upon the report of a referee. This action was brought to have certain bonds, issued by the supervisor and railroad commissioners of the town of Venice, delivered up and canceled, and to restrain defendants, the holders of said bonds, from transferring them. The facts, as found by the referee, were, in substance, these: The bonds in question were twenty-five in number of $1,000 each, and were issued by said railroad commissioners and the…
1Opinion of the CourtRapallo, J.
The referee has found that all of the bonds, which the plaintiff seeks by this action to have delivered up and canceled, were made and issued without the requisite consent of two-thirds of the tax-payers of the town. That fact according to the decisions of this court rendered the bonds void, even in the hands of bona fide holders. (Starin v. Genoa, 23 N. Y., 439; People v. Mead, 24 id., 114; Same v. Same, 36 id., 224.)
It was further held in these cases, that the burden of proving the requisite consent of the tax-payers, rested upon the party seeking to enforce payment of the bonds, and that…
2Cases cited8 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1861
- Allerton v. . BeldenNew York Court of Appeals · 1872
- Grand Chute v. WinegarSupreme Court of the United States · 1873
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3Cited by50 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1908
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Leslie v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
- Louisville Trust Co. v. Louisville, N. A. & C. R. Co.Court of Appeals for the Sixth Circuit · 1896
- Johnson v. SwankeWisconsin Supreme Court · 1906
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