People ex rel. Martin v. Brown
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term, granting a peremptory writ of mandamus, commanding defendant, Brown, as collector of the town of Hancock, to pay to the relators, railroad commissioners of said town, the sum of $11,138.98, moneys collected hy him to pay upon bonds of said town, issued to aid in the construction of the Hew York and Oswego Midland Bailroad.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term, granting a peremptory writ of mandamus, commanding defendant, Brown, as collector of the town of Hancock, to pay to the relators, railroad commissioners of said town, the sum of $11,138.98, moneys collected hy him to pay upon bonds of said town, issued to aid in the construction of the Hew York and Oswego Midland Bailroad. The facts are sufficiently stated in the opinion. The -bonds are void because a majority of the tax-payers of the town, representing a majority…
1DissentAllen, J.
This case is distinguishable from and not within the principles which were controlling in Murdock v. Aikin (29 Barb., 59); S. C. in Court of Appeals in 1863, opinion by Davies, J., and Ross v. Curtis (30 Barb., 238; 31 N. Y., 606). In each of those cases the defendants had demanded and received the moneys for the use and benefit of the bondholders, and had the same solely as their agents and trustees, and could not within well-settled principles be permitted—after having availed themselves of their agency, and affirmed the right of the bondholders, their principals and cestuis que trust, for…
2Cases cited9 opinions
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- People Ex Rel. Albany & Susquehanna Railroad v. MitchellNew York Court of Appeals · 1866
- People ex rel. Van Voast v. Van SlyckNew York Supreme Court · 1825
- Bank of Rome v. . Village of RomeNew York Court of Appeals · 1859
- Ross v. . CurtissNew York Court of Appeals · 1864
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