Town of Lyons v. . Chamberlain
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made the second Tuesday of June, 1881, which modified a judgment entered upon a decision of the Special Term, and affirmed such parts of the interlocutory judgment herein as were appealed from.
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Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made the second Tuesday of June, 1881, which modified a judgment entered upon a decision of the Special Term, and affirmed such parts of the interlocutory judgment herein as were appealed from. (Reported below, 25 Hun, 49.) This action was brought to have it adjudged that certain proceedings to bond the plaintiff in aid of defendant, the Sodus Bay and Corning Railroad Company, were void and- the bonds issued under it invalid, to restrain the negotiation or disposition of…
1Concurrence
The plaintiff must rely upon one of two theories, either of which necessarily excludes the other: The case has been decided upon the ground that Parshall, relatively to the town of Lyons, stood in the position of its trustee, charged with the performance of certain duties, and that the trust having been ended by the insolvency of the railroad company, and its failure to fulfill the conditions which gave it a right to the unexpended bonds, the trustee was bound to account as such, and in the process, was entitled to credit for all sums lawfully paid out by him within the scope of his duty and…
2Cases cited8 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- The Floyd AcceptancesSupreme Court of the United States · 1869
- Moran v. the Commissioners of Miami CountySupreme Court of the United States · 1863
- Steines v. Franklin CountySupreme Court of Missouri · 1871
- Orleans v. PlattSupreme Court of the United States · 1879
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