Clarke v. City of Rocherster
New York Supreme Court
Appeal from a judgment at the circuit rendered in favor of plaintiff. In 1851 the Legislature of the State of Hew York passed an act to amend the charter of the city of Rochester, in which, among other provisions, authority was given to the Common Council of the city to raise money, not exceeding $300,000, on bonds of the city, and with such funds to subscribe to the stock of the Rochester & Genesee Talley Railrpad Company.
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Appeal from a judgment at the circuit rendered in favor of plaintiff. In 1851 the Legislature of the State of Hew York passed an act to amend the charter of the city of Rochester, in which, among other provisions, authority was given to the Common Council of the city to raise money, not exceeding $300,000, on bonds of the city, and with such funds to subscribe to the stock of the Rochester & Genesee Talley Railrpad Company. A proviso was added, that the above provision should not take effect until submitted to the electors of the city for the purpose of determining whether or not it was…
1Opinion of the CourtE. Darwin Smith, J.
This action was brought to recover the sum of $41,740, paid for principal and interest by the plaintiff upon a contract for the sale to him by defendants of 3,000 shares of the stock of the Rochester & Genesee Talley Railroad Company, issued under and in pursuance of sections 285 to 292 inclusive, of an act to amend the charter of the city of Rochester, passed July 3,1851.
The learned judge before whom the cause was tried without a jury at the circuit, has found as a conclusion of law upon the *109facts stated in the case, that the said sections, 285 to 292 inclusive, of the act aforesaid, never…
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