Legal Opinion

Supervisors of Saratoga v. Seabury

New York Supreme Court

Decided September 15, 1881PublishedCited by 3 opinions

The supervisors of Saratoga county brought this action against the defendants, who were holders of notes proporting to be the notes of that county, but which were alleged to have been issued by the county treasurer to an amount in excess of that authorized by the resolution of the board of supervisors.

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The supervisors of Saratoga county brought this action against the defendants, who were holders of notes proporting to be the notes of that county, but which were alleged to have been issued by the county treasurer to an amount in excess of that authorized by the resolution of the board of supervisors. A decision in this case upon a demurrer to the complaint by one of the defendants is reported as Supervisors of Saratoga v. Deyoe (77 N. Y. 219; reversing 15 Hun, 526), the court of appeals holding, among other things, that the demurrer admitted that the county was not liable beyond the sum…

1Opinion of the CourtLearned, P. J.

The complaint sets up that the plaintiffs, in November 1874, authorized Henry A. Mann, their treasurer, to borrow on the credit of the county, a sum amounting in fact to $20,800.44; that under this authority he borrowed some $188,000, and issued therefor to sundry persons, defendants in this action, notes uniform in style and form on behalf of the county; that these notes were held severally by the defendants, and that suits had been commenced on some of them ; that in the belief of plaintiffs, only $20,800.44 of these notes were legal claims against the county ; and that the plaintiffs were…

2Cited by3 opinions

  1. Du Bois v. Union Dime Sav. Inst.New York Supreme Court · 1895
  2. Hubbell v. Syracuse Iron WorksNew York Supreme Court · 1886
  3. Town of Ontario v. First National BankNew York Supreme Court · 1891

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