Kilbourne v. Allyn
New York Supreme Court
In the year 1868, a majority of the taxable inhabitants of the town of Thompson, in Sullivan county, owning a majority of the taxable property on the assessment roll of their town, not including non-resident lands, consented in writing that the commissioners of their town could bond, on the credit of the town, the sum of $148,000, at a rate of interest not exceeding seven per cent, for a period not exceeding thirty years, and execute under their hands and seals the bonds of…
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In the year 1868, a majority of the taxable inhabitants of the town of Thompson, in Sullivan county, owning a majority of the taxable property on the assessment roll of their town, not including non-resident lands, consented in writing that the commissioners of their town could bond, on the credit of the town, the sum of $148,000, at a rate of interest not exceeding seven per cent, for a period not exceeding thirty years, and execute under their hands and seals the bonds of the town for the same, to carry into effect the provisions of chapter 553 of the Laws of 1868, providing for the…
1Opinion of the CourtDaniels, J.
This action appears to have heen brought by the plaintiff, on the ground that the commissioners of the town were unauthorized under the'statute to issue the bonds, because the consent of the tax-payers contained the name of no railroad company in whose stock the proceeds of the bonds should be invested by them. And the further ground that the bonds themselves were transferred directly to the railroad company, formed after the consent was obtained, instead of their proceeds, as the statute in terms required. It was in the consideration of these objections, and of the rights of Iona fide…
Also in this document: Dissent.
2Cases cited8 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
- The People v. . Commissioners of Taxes and AssessmentsNew York Court of Appeals · 1861
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3Cited by3 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Pierson v. MorganNew York Supreme Court · 1887
- Winkler v. SummersNew York Supreme Court · 1888