Legal Opinion

Town of Springport v. Teutonia Savings Bank

New York Court of Appeals

Decided March 8, 1881PublishedCited by 11 opinions

These were appeals from judgments of the General Term of the Supreme Court, in the fourth judicial department, entered upon orders made August 17, 1880, modifying by striking out allowances for costs, and affirming, as modified, judgment, entered on reports of a referee.

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These were appeals from judgments of the General Term of the Supreme Court, in the fourth judicial department, entered upon orders made August 17, 1880, modifying by striking out allowances for costs, and affirming, as modified, judgment, entered on reports of a referee. These actions were brought to have certain bonds, issued by plaintiff to pay for subscriptions for stock of the Cayuga Lake Railroad, authorized by chapter 314, Laws of 1869, as amended by chapter 152, Laws of 1870, delivered up and canceled, and to restrain defendants from transferring them. R is reported on a former appeal…

1Opinion of the CourtRapallo, J.

The only points raised on the present appeal which were not expressly passed upon on the former appeal (75 N. Y. 397) are : that the revocations of the consents of the tax payers of the town were ineffectual because not filed in the office either of the town or county clerk, and that there was no tender of the stock which had been issued by the railroad company, or of the cancelment of that stock, and no offer either to cancel or surrender that stock when the demand was made for the surrender of the bonds. The objection that the revocations were not filed is untenable. They were executed and…

2Cases cited4 opinions

  1. Kinney v. . KiernanNew York Court of Appeals · 1872
  2. Town of Springport v. . Teutonia Savings BankNew York Court of Appeals · 1878
  3. Pearse v. PettisNew York Supreme Court · 1866
  4. People Ex Rel. Yawger v. . AllenNew York Court of Appeals · 1873

3Cited by11 opinions

  1. Calhoun v. . MillardNew York Court of Appeals · 1890
  2. Green v. TurnerCourt of Appeals for the Seventh Circuit · 1898
  3. In re AdrianceAppellate Division of the Supreme Court of the State of New York · 1901
  4. Henry L. Crane Boot & Shoe Co. v. TrentmanU.S. Circuit Court for the District of Indiana · 1888
  5. Engel v. SalomonAppellate Court of Illinois · 1891

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