Craig v. . Town of Andes
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made at the November Term, 1882, which reversed a judgment in favor of defendant, entered upon the report of a referee, and granted a new trial. This action was brought to recover the amount of certain coupons alleged to have been cut from bonds issued by defendant, under the act chapter 907, Laws of 1869, in aid of the construction of the Delhi and Middletown Railroad Company.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made at the November Term, 1882, which reversed a judgment in favor of defendant, entered upon the report of a referee, and granted a new trial. This action was brought to recover the amount of certain coupons alleged to have been cut from bonds issued by defendant, under the act chapter 907, Laws of 1869, in aid of the construction of the Delhi and Middletown Railroad Company. The material facts are stated in the oninion. The county judge not having acquired jurisdiction of the proceedings his…
1Opinion of the CourtDanforth, J.
The plaintiff alleged the performance of the statutory conditions on which alone the defendant could be made liable to pay the bonds or coupons in question, but in the opinion of the trial court so failed in proof that it gave judgment against him upon the ground that those instruments “ were issued without authority of law,” and were void. This has been reversed by the Supreme Court, and a new trial granted, but upon what ground does not appear. The respondent, however, seeks to maintain the order of reversal upon the grounds, first, that the bonds recite on their face “ that all necessary…
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- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
- The Chemung Canal Bank v. . JudsonNew York Court of Appeals · 1853
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3Cited by24 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Andes v. ElySupreme Court of the United States · 1895
- Flaherty v. CaryAppellate Division of the Supreme Court of the State of New York · 1901
- Hoag v. . Town of GreenwichNew York Court of Appeals · 1892
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