Village of Canandaigua v. Hayes
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff has made and executed bonds to the amount of $100,000, the proceeds of which, if sold, are to be used in paying plaintiff’s share of the expense of paving and improving certain streets within its limits. The defendants have agreed to purchase and pay for, said bonds, provided the same are legal and binding obligations.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff has made and executed bonds to the amount of $100,000, the proceeds of which, if sold, are to be used in paying plaintiff’s share of the expense of paving and improving certain streets within its limits. The defendants have agreed to purchase and pay for, said bonds, provided the same are legal and binding obligations. This controversy arises between the parties over the question whether they are such good and valid obligations, and the plaintiff asks the…
1Opinion of the Court
Hiscock, J.:
The defendants assert that the bonds in question are invalid for the reasons, fa'st, that the plaintiff had no power to issue bonds for street paving or improvement purposes ; and, second, that even if it did have such power, the proceedings adopted by plaintiff for the making and issuing of these bonds were not in accordance with the requirements of law.
We shall consider these objections in the order stated.
■ W.e feel no hesitation in deciding that the village did have power to issue bonds for the purpose of raising and providing funds with which to pay its share of the cost of…
2Cases cited1 opinion
- People ex rel. Peene v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- State ex rel. Bonner v. DixonMontana Supreme Court · 1921
- In re Investigation of the Financial AffairsNew York Supreme Court · 1908
- Gould v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 1910
- State ex rel. Spokane County v. ClausenWashington Supreme Court · 1920