Town of Duanesburgh v. Jenkins
New York Supreme Court
THIS is an appeal from a, judgment in an action tried before the court, at the circuit) without a jury. It was admitted on the trial that in May, 1862, the defendant, Jenkins, assuming to act as commissioner of the town of Duanesburgh, subscribed for $30,000 of the stock of the Albany and Susquehanna Eailroad Company, and delivered that amount of the bonds of said town to said company in payment; which stock said Jenkins, as such commissioner, still holds.
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THIS is an appeal from a, judgment in an action tried before the court, at the circuit) without a jury. It was admitted on the trial that in May, 1862, the defendant, Jenkins, assuming to act as commissioner of the town of Duanesburgh, subscribed for $30,000 of the stock of the Albany and Susquehanna Eailroad Company, and delivered that amount of the bonds of said town to said company in payment; which stock said Jenkins, as such commissioner, still holds. That previous to making said subscription for stock and issuing said bonds, and on the 15th day of May, 1862, the affidavits set forth…
1Opinion of the Court
By the Court, James, J.
The Albany and Susquehanna Railroad Company was organized under the general railroad act, for the purpose of constructing a road from Albany to Binghamton. Its stock not attracting capitalists or local subscriptions sufficient for the construction of the road, its promoters sought aid from towns along its route, and for that purpose, in 1856, procured the passage of the statute above set forth, From its numerous amendments it is inferred that the local tax payers saw fit to withhold their consents; at all events, it is certain that the requisite number of tax payers in…
2Cases cited5 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
- Baldwin & Jaycox v. MayorNew York Supreme Court · 1864
- Town of Duanesburgh v. JenkinsNew York Supreme Court · 1863
3Cited by4 opinions
- Hathaway v. Town of HomerNew York Supreme Court · 1871
- Waller v. ThomasNew York Court of Common Pleas · 1871
- In re New York Institute for Deaf & DumbNew York Court of Appeals · 1890
- People ex rel. Youmans v. WagnerNew York Supreme Court · 1873