Hoag v. . Town of Greenwich
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made October 1, 1891, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought upon certain bonds issued by the defendant in aid of the Greenwich and Johnsonville Railroad Company under the Town Bonding Acts, and for moneys said to have been loaned by plaintiff to defendant pursuant to said acts.
Read the full summary
Cross-appeals from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made October 1, 1891, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought upon certain bonds issued by the defendant in aid of the Greenwich and Johnsonville Railroad Company under the Town Bonding Acts, and for moneys said to have been loaned by plaintiff to defendant pursuant to said acts. The facts, so far as material, are stated in the opinion. Plaintiff is entitled to recover as for money loaned, or for…
1Opinion of the CourtFinch, J.
The objection urged on behalf of the parties-defending this action that the judgment of the county judge authorizing the bonding of the town was not shown to have been founded upon the necessary jurisdictional facts, is answered by the provision of the statute which explicitly enacts that “ such judgment and the record thereof shall have the same force and effect as other judgments and records in courts of record in this state.” (Laws of 1869, chap. 907, § 2 Laws of 1871, chap. 925, § 2.) The evident purpose and legitimate effect of this provision is to clothe the judgment, with the usual…
2Cases cited8 opinions
- Louisiana v. WoodSupreme Court of the United States · 1880
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- State of Illinois v. DelafieldNew York Court of Chancery · 1840
- Spilman v. Thomasson's LesseeTennessee Supreme Court · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
- Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1940
- Moore v. City of NampaCourt of Appeals for the Ninth Circuit · 1927
- Chelsea Sav. Bank v. City of IronwoodCourt of Appeals for the Sixth Circuit · 1904
9 more not listed; retrieve them via the Exa API.