Cagwin v. . Town of Hancock
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 24, 1880, reversing a judgment'in favor of plaintiff, entered upon tlie report of a referee. (Reported below, 22 Hun, 201.) The nature of the action and the material facts appear in the opinion. The towns of this State have no power to bond for railroads unless it has been expressly, conferred by statute.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 24, 1880, reversing a judgment'in favor of plaintiff, entered upon tlie report of a referee. (Reported below, 22 Hun, 201.) The nature of the action and the material facts appear in the opinion. The towns of this State have no power to bond for railroads unless it has been expressly, conferred by statute. (Town of South Ottawa v. Perkins, 4 Otto, 258, 266; id. 429; 13 Wall. 304; 3 id. 327; Wiesmer v. The Village of Douglas, 64 N. Y. 92; Starin v. The Town of Genoa, 23 N. Y. 439; Gould…
1Opinion of the CourtEarl, J.
This action was brought to recover the amount due upon certain interest coupons, which had been cut from bonds issued by the railroad commissioners appointed for the defendant under the act chapter 398 of the Laws of 1866, entitled <c An act to facilitate the construction of the Hew York and Oswego Midland Bailroad, and to authorize towns to subscribe to the capital stock thereof,” and the several acts amendatory thereof. Claiming authority under the acts referred to, the railroad commissioners in 1871 subscribed for $100,000 of the stock of the Hew York and Oswego Midland Bailroad Company,…
2Cases cited7 opinions
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- People Ex Rel. Albany & Susquehanna Railroad v. MitchellNew York Court of Appeals · 1866
- Howland v. . EldredgeNew York Court of Appeals · 1871
- Bank of Rome v. . Village of RomeNew York Court of Appeals · 1859
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3Cited by37 opinions
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Citizens' Savings Bank v. Town of GreenburghNew York Court of Appeals · 1903
- City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomerySupreme Court of Missouri · 1910
- Miller v. . City of AmsterdamNew York Court of Appeals · 1896
- Allen v. City of PortlandOregon Supreme Court · 1899
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