Bolton v. Wharton, Mayor

(dissenting) : This action, commenced in September, 1928, is by the plaintiffs, as taxpayers of the City of Union, against the defendants, members of the city council, and the defendants George H. Burr & Company, for the purpose of having certain notes, issued by the City of Union to the defendants Burr & Company, declared invalid and for an injunction against the city council from paying the notes.

The complaint is based really upon certain renewals of the original notes; but as the liability of the city depends upon its liability upon the original notes, it will tend to attain the justice of…