Town of Duanesburgh v. Jenkins
New York Supreme Court
THIS was an action commenced to restrain the defendants from negotiating certain bonds, issued by the defendant Jenkins, as commissioner of the town of Duanesburgh.
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THIS was an action commenced to restrain the defendants from negotiating certain bonds, issued by the defendant Jenkins, as commissioner of the town of Duanesburgh. A temporary injunction was obtained, upon the complaint and affidavits, restraining the defendants from disposing of, or transferring said bonds, until the decision of a motion upon an order to show cause; and at the same time an order was granted requiring the defendants to show cause at a special term therein named, why such injunction should not be continued until judgment in the action. The motion came on to be heard, upon the…
1Opinion of the Court
By the Court, James, J.
The point first taken by the defendants is “that the town of Duanesburgh, as such, cannot maintain this action. The opinion of the learned judge who decided this case at special term, fully answers this point, and his opinion, in that respect, is adopted by this court.
“ The power to subscribe for rail road stock, or issue bonds for the purchase of rail road stock, or the payment of subscriptions therefor, is not one of the general powers possessed by towns. Before any such act can be done by the officers of the town, or any commissioner in its name, the power must be…
2Cases cited3 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- Bank of Rome v. . Village of RomeNew York Court of Appeals · 1859
3Cited by8 opinions
- McGarvey v. SwanWyoming Supreme Court · 1908
- Schultz v. Plankinton BankAppellate Court of Illinois · 1891
- Tucker v. E. L. Goodsell Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Board of Excise of Westchester v. CurleyNew York Court of Appeals · 1877
- Town of Duanesburgh v. JenkinsNew York Supreme Court · 1866
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