Town of Verona v. Peckham
New York Supreme Court
PPEAL, by the plaintiff, from a judgment rendered at a special term held by Bacon,- J., dismissing the complaint, with costs. The action was commenced in July, 1865, to compel the defendants to account for $50,000 of bonds issued by the town and delivered to the defendants, and for moneys of- the tow;n received by the defendants, and to pay over the amount which on such accounting should be found owing to the town.
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PPEAL, by the plaintiff, from a judgment rendered at a special term held by Bacon,- J., dismissing the complaint, with costs. The action was commenced in July, 1865, to compel the defendants to account for $50,000 of bonds issued by the town and delivered to the defendants, and for moneys of- the tow;n received by the defendants, and to pay over the amount which on such accounting should be found owing to the town. The defence was, that there was a contract between the town and the defendant that he should be paid $50,000 for furnishing fifty men to fill the quota of the town, under the call…
1Opinion of the Court
By the Court,
Mullin, J.
A town is a corporate, body clothed with powers that are "deemed by the legislature sufficient to enable it to perfórm all the duties devolving upon it, and it has no powers except such as are expressly conferred, or such as are necessary to enable it to carry into effect such as are conferred. The powers are: 1st. To sue and be sued.
2d. To purchase and hold land within its limits and for the use of its inhabitants.
3d. To make such contracts, and to purchase and hold such personal property, as may be necessary to the exercise of its corporate powers; and
4th. To make…
2Cases cited7 opinions
- Parish v. . WheelerNew York Court of Appeals · 1860
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Steam Navigation Co. v. WeedNew York Supreme Court · 1853
- De Groff v. . American Linen Thread CompanyNew York Court of Appeals · 1860
- Palmer v. LawrenceThe Superior Court of New York City · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hobbs v. City of YonkersNew York Supreme Court · 1884
- Town of Wayne v. SherwoodNew York Supreme Court · 1878
- Winchester v. United StatesUnited States Court of Claims · 1878