First National Bank v. Town of Concord
Supreme Court of Vermont
Assumpsit on thirteen coupons for interest for six months from September 1, 1875, on thirteen five-hundred-dollar bonds issued by the defendant town in aid of the Essex County Railroad.
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Assumpsit on thirteen coupons for interest for six months from September 1, 1875, on thirteen five-hundred-dollar bonds issued by the defendant town in aid of the Essex County Railroad. The bonds in question were issued under an act of the Legislature entitled, “ An Act to enable the towns therein named to aid in the construction of the Montpelier and St. Johnsbury and the Essex County Railroads,” approved March 28,1867, which, so far as material, was as follows: Sec. 1. ’ The towns * * * of Concord * * * are hereby authorized and empowered, in the manner hereafter specified, to aid in the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
Upon the facts found and reported by the referee the able counsel for the defendant have urged with much skill and force various objections to the right of the plaintiff to recover.
While conceding the general power of the Legislature to authorize municipalities to aid in the construction of railroads, they contend that the act of March 28, 1867, under which the defendant acted or attempted to act, “ is unconstitutional in the mode prescribed for binding the town, to wit, without any corporate action by vote.” They particularize their objections…
2Cases cited3 opinions
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Essex County Railroad v. Selectmen & TreasurerSupreme Court of Vermont · 1876
- Town of Danville v. Montpelier & St. Johnsbury RailroadSupreme Court of Vermont · 1870
3Cited by4 opinions
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
- First Nat. Bank of North Bennington v. ArlingtonU.S. Circuit Court for the District of Vermont · 1879
- Lowell v. Washington County RailroadSupreme Judicial Court of Maine · 1897
- First Nat. Bank of North Bennington v. DorsetU.S. Circuit Court for the District of Vermont · 1879