Town of Mentz v. . Cook
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 24, 1885, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts appear in the opinion. ,
1Opinion of the CourtFinch, J.
It would not be difficult to sustain the conclusion of the General Term in this case if we coidd disregard a question of pleading not brought to its notice, hut resolutely argued and pressed at our bar. The action was in equity to compel the surrender and cancellation of three bonds of $1,000 each, which were part of a series issued by the railroad commissioners of the town of Hentz in aid of the Cayuga Northern Eailroad. No such road has been constructed, and after paying the interest coupons for a single year the town resists and alleges the utter illegality and invalidity of the bonds. The…
2Cases cited6 opinions
- Truscott v. . KingNew York Court of Appeals · 1852
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Green v. MilbankNew York Supreme Court · 1877
- Alvord v. . Syracuse Savings BankNew York Court of Appeals · 1885
- People Ex Rel. Green v. . SmithNew York Court of Appeals · 1873
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3Cited by59 opinions
- Re Metropolitan Railway ReceivershipSupreme Court of the United States · 1908
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
- Union Pac. Ry. Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1894
- Clemmer v. Drovers' National BankIllinois Supreme Court · 1895
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