People Ex Rel. Manhattan Savings Institution v. Otis
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, which reversed an order of Special Term, granting a writ of peremptory mandamus requring defendant Horton P. Otis, as mayor of the city of Yonkers, and defendant William H. Doty, as clerk of said city, to issue to the relator certain duplicate bonds of said city, as required by the act chapter 59, Laws of 1880. (Reported below, 24 Hun, 519.) The original bonds were payable to…
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, which reversed an order of Special Term, granting a writ of peremptory mandamus requring defendant Horton P. Otis, as mayor of the city of Yonkers, and defendant William H. Doty, as clerk of said city, to issue to the relator certain duplicate bonds of said city, as required by the act chapter 59, Laws of 1880. (Reported below, 24 Hun, 519.) The original bonds were payable to bearer, they were issued by the city to the relator, and before maturity were stolen from it. Relator gave the bond and…
1Opinion of the Court
Andrews, Ch. J.
The fourth section of the act in question is, we think, plainly unconstitutional. By its terms it discharges the city of Yonkers, after the delivery to the savings bank of the duplicate bonds provided for in the second section, from all liability on the original bonds, to all persons purchasing the same, after due publication of the notice prescribed in the first section, but gives a right of action against the - bank, upon the bond of indemnity, to the lawful owner of such bonds in place of the liability of the original obligor. The effect of this section, if valid, is to take…
2Cases cited2 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- McCracken v. HaywardSupreme Court of the United States · 1844
3Cited by32 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- State v. GoodwillWest Virginia Supreme Court · 1889
- State v. JulowSupreme Court of Missouri · 1895
- Wright v. . HartNew York Court of Appeals · 1905
- Frober v. PeopleIllinois Supreme Court · 1892
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