Atchison & Nebraska Railroad v. City of Troy
Supreme Court of Kansas
Frror from Doniphan District Court. The City of Troy, as plaintiff, filed a petition in the district court against the Atchison & Nebraska Rid.
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Frror from Doniphan District Court. The City of Troy, as plaintiff, filed a petition in the district court against the Atchison & Nebraska Rid. Co., Frank M. Tracy, treasurer of the city of Troy, Alfred G. Otis, R. A. Park, and James F. Joy, as defendants, to have a contract-between said plaintiff and said Railroad Company, made October 21st 1870, declared a nullity, its further enforcement enjoined, and to recover back from Otis and Park, naked trustees for accommodation of the parties, the sum of $416.60 paid on the contract by Tracy, as city treasurer, to such trustees. The'petition was…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The court below made an order temporarily restraining the trustees holding a contract between the plaintiffs in error and defendant in error from collecting the same, and the treasurer Tracy from making any payment on the same. The order also restrained the trustees from letting certain bonds of the city of Troy pass out of their hands. This order is brought to this court for review. It appears that the city of Troy subscribed $50,000 in stock to the Atchison & Nebraska railroad, and agreed to issue its bonds for the same amount in…
2Cited by2 opinions
- City of Troy v. A. & N. RailroadSupreme Court of Kansas · 1873
- City of Troy v. A. & N. RailroadSupreme Court of Kansas · 1874