Hathaway v. . Town of Cincinnatus
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court upon trial without a jury.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court upon trial without a jury. This action was brought by plaintiff, as supervisor of the town of Solon, Cortland county, to recover, as for moneys had and received, certain moneys alleged to have been received from the State as a refund for bounties belonging to said town, which had been paid over to the defendant. The court found, in substance, that on the 18th day of July, 1864, the president of the United States issued a…
1Opinion of the CourtAndrews, J.
Provision was made by chapter 29 of the Laws of 1865, for a State bounty to volunteers, to fill the quota of men required for the army and navy of the United States, under the call of the President of December 19,1864, and the calls which might thereafter be made during the rebellion. The bounty was to be paid out of the treasury of the State, and the money required for the purpose was to be raised by taxation, or by loan on the credit of the State. In either case the burden would fall upon its taxable property, and each locality would bear its proper proportion according to the amount of…
2Cases cited5 opinions
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Patrick v. . MetcalfNew York Court of Appeals · 1867
- Buel v. BoughtonNew York Supreme Court · 1846
- Hathaway v. . Town of HomerNew York Court of Appeals · 1873
- Town of Lewis v. . MarshallNew York Court of Appeals · 1874
3Cited by20 opinions
- Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
- Walker v. ConantMichigan Supreme Court · 1887
- Bridges v. . B'd Supervisors of Sullivan Co.New York Court of Appeals · 1883
- Hovey v. . ElliottNew York Court of Appeals · 1890
- Bosworth v. WolfeWashington Supreme Court · 1928
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