Hills v. . Peekskill Savings Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made October 19, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made October 19, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff as a tax payer of the town of Attica, to have certain bonds issued by said town and held by the bank, defendant, adjudged to be void, and to require the said bank to surrender up the same to be canceled, and to restrain said bank from selling or disposing of said bonds, and the defendant Farnham, supervisor…
1Opinion of the CourtFinch, J.
The whole argument of the courts below, ending in a cancellation of the bonds in controversy, rests upon the assumption that the original bonds of the town of Attica, which served as the cause and consideration of the refunding issue, were absolutely void as matter of law, although their invalidity had never been adjudged. The argument takes no note of the fact that there might be reasonable question about that, pending an adjudication, and that enough of doubt attended the ultimate result to justify the legislature in authorizing, and the town in effecting, an amicable settlement and…
2Cases cited2 opinions
- Metzger v. . Attica and Arcade R.R. Co.New York Court of Appeals · 1879
- People Ex Rel. Green v. . SmithNew York Court of Appeals · 1873
3Cited by8 opinions
- Altschul v. . LudwigNew York Court of Appeals · 1916
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Rich v. Mentz TownshipSupreme Court of the United States · 1890
- Myers v. City of JeffersonvilleIndiana Supreme Court · 1896
- O'Brien v. Mayor of New YorkNew York Supreme Court · 1898
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