Legal Opinion

Clarke v. . City of Rochester

New York Court of Appeals

Decided September 5, 1863PublishedCited by 36 opinions

. This was an action brought to recover the sum of about $41,740, paid for principal and interest by the plaintiff upon a contract for the sale to him by the defendant, of three thousand shares of the stock of the Bochester and Genesee Valley Bail Boad Company, issued under and in pursuance of an act to amend the charter of the city of Bochester, passed July 3, 1851, upon the ground that the act, so far as it authorizes the defendant to subscribe for, or dispose of the stock…

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. This was an action brought to recover the sum of about $41,740, paid for principal and interest by the plaintiff upon a contract for the sale to him by the defendant, of three thousand shares of the stock of the Bochester and Genesee Valley Bail Boad Company, issued under and in pursuance of an act to amend the charter of the city of Bochester, passed July 3, 1851, upon the ground that the act, so far as it authorizes the defendant to subscribe for, or dispose of the stock in question, or issue the bonds mentioned in the contract, was unconstitutional and void. The defendant’s answer took…

1Opinion of the Court

Denio, Ch. J.

Since this action was commenced, and since the judgment appealed from was rendered, some of the questions which were discussed by the learned judges of the Supreme Court have been decided in other cases in this court. The money which was to be raised by the city of Bochester was, by the statutory provisions which are drawn in question, to be applied in promoting the construction of a rail road terminating in that city, by means of the purchase of shares of stock in the rail road corporation. And it was considered by some of the judges that this was a power which, from its nature…

2Cases cited2 opinions

  1. Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
  2. Brainard v. . JonesNew York Court of Appeals · 1858

3Cited by36 opinions

  1. Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
  2. In Re PfahlerCalifornia Supreme Court · 1906
  3. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
  4. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  5. Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873

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