New York & Rosendale Cement Co. v. Davis
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department,«entered July 9, 1901, affirming a judgment" in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department,«entered July 9, 1901, affirming a judgment" in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This is a taxpayer’s action brought to restrain the trustees of the village of Bosendale from issuing bonds to purchase the water works plant in that village in pursuance of a contract between the village and the water company for a supply of water, which reserved an option to the village to purchase the water works at any time within five years…
1Opinion of the Court
Parker, Ch. J.
That a village — the total annual expenses of which were but $5,000 and which could only muster ninety taxpaying inhabitants to vote upon the .question whether the municipality should buy the water works from which it was obtaining its supply for village purposes — may have expected, from the form of that resolution, that it was voting to pay $40,000 in the next annual tax levy does not seem to us either probable or possible. And we are quite prepared to assert that there was no such understanding on their part, since we have read the resolution upon which they voted and which,…
2Cases cited2 opinions
- Wells v. . Town of SalinaNew York Court of Appeals · 1890
- Birge v. Berlin Iron Bridge Co.New York Court of Appeals · 1892
3Cited by4 opinions
- Dowling v. Board of AssessorsMassachusetts Supreme Judicial Court · 1929
- Village of Bronxville v. SeymourAppellate Division of the Supreme Court of the State of New York · 1907
- Balducci v. StroughNew York Supreme Court · 1929
- Town of Amherst v. County of ErieNew York Supreme Court · 1932