People ex rel. Martin v. Brown
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term, granting a peremptory writ of mandamus, commanding defendant, Brown, as collector of the town of Hancock, to pay to the relators, railroad commissioners of said town, the sum of $11,138.98, moneys collected hy him to pay upon bonds of said town, issued to aid in the construction of the Hew York and Oswego Midland Bailroad.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term, granting a peremptory writ of mandamus, commanding defendant, Brown, as collector of the town of Hancock, to pay to the relators, railroad commissioners of said town, the sum of $11,138.98, moneys collected hy him to pay upon bonds of said town, issued to aid in the construction of the Hew York and Oswego Midland Bailroad. The facts are sufficiently stated in the opinion. The -bonds are void because a majority of the tax-payers of the town, representing a majority…
1Opinion of the CourtAndrews, J.
The board of supervisors of the county of Delaware, at its annual session in 1872, levied upon the town of Hancock, in that county, a tax of $11,138.98, to pay the interest due and to become due during the ensuing year upon $100,000 of bonds issued by the railroad commissioners of the town, and purporting to have been issued upon the faith and credit and in behalf of the town, and in pursuance of the authority conferred by the “ act to facilitate the construction of the Hew York and Midland railroad, and to authorize towns to subscribe to the capital stock thereof,” *184passed April 5, 1866, and…
2Cases cited6 opinions
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1861
- Ross v. . CurtissNew York Court of Appeals · 1864
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3Cited by6 opinions
- Talamo v. . SpitzmillerNew York Court of Appeals · 1890
- Porter v. MullerCalifornia Supreme Court · 1896
- In re SteeleAppellate Division of the Supreme Court of the State of New York · 1913
- Ernst v. Cary Safe Co.New York Supreme Court · 1920
- Myers v. Mutual Life InsuranceNew York Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.