Smythe v. Inhabitants of New Providence Tp.

LANNING, District Judge.

The demurrer presents the question whether the averments of the plaintiff’s declaration are sufficient to show the liability of the defendant upon five certain instruments described in the declaration. The averments are that the five instruments were made as directed by the provisions of the act of the Legislature of New Jersey entitled “An act to authorize certain towns in the counties of Somerset, Morris, Essex, and Union to issue bonds and take stock in the Passaic Valley and Peapack Railroad Company,” approved April 9, 1868 (P. L. p. 915). That act, in its first…