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Thompson Vs. Perrine
Cites for this judgment
- US Supreme Court
- Jan 01, 1880
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U.S. 806 (1880) U.S. Supreme Court Thompson v. PerrineSearch
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U.S. 806 (1880) Thompson v. PerrineSearch
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power to pass the act and that the bonds were thereby validated. 2. The court declines to follow Morton v. TownSearch
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of Thompson, 71 N.Y. 613, in which the same point is involved. 3. County of Warren v. MarcySearch
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statute as construed by the Court of Appeals of New York in several cases to which we had occasion to refer in Scipio v. WrightSearch
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judges of recognized ability. The question finally came before the Court of Appeals in the year 1858 in Bank of Rome v. VillageSearch
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by taxation to raise the necessary funds for the payment thereof. That decision was approved in 19 N.Y. 20. In People v. MitchellSearch
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id. 551, decided in 1866, the court quoted with approval our decision in Thompson v. LeeSearch
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The decision in People v. MitchellSearch
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And it quotes with approval our Page 103 U. S. 813 language in Thompson v. LeeSearch
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municipal corporations, when the Act of April 28, 1871, was passed. But in 1873, the Court of Appeals decided People v. BatchellorSearch
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in by four of the judges, one concurred in the result, one dissented, and one did not vote. In Town of Duanesburgh v. JenkinsSearch
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court, by Johnson, J., reviewed the prior cases in the Court of Appeals involving the questions discussed in People v. BatchellorSearch
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In Williams v. TownSearch
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in May, 1876, the Court of Appeals of New York recognized the correctness of the principles announced in People v. MitchellSearch
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and Town of Duanesburgh v. JenkinsSearch
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citing, among other authorities, Gelpecke v. DubuqueSearch
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Thompson v. LeeSearch
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Wall. 619, and St. Joseph Township v. RogersSearch
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It is worthy of remark in this connection that Allen, J., had held, in Clark v. CitySearch
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for or to hold stock in railroad corporations and to issue bonds in payment therefor. Nevertheless, in Williams v. TownSearch
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of Duanesburgh (Church, C.J., concurring with him), he recognized Town of Duanesburgh v. JenkinsSearch
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as declaratory of the law. But it is contended that the Court of Appeals of New York, in the later case of Horton v. TownSearch
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Cooper v. TownSearch
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of Thompson, 13 Blatchf. 434. Horton v. TownSearch
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But the court, passing that question as one that need not be finally determined, held, upon the authority of People v. BatchellorSearch
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the opinion, and three dissented. It is to be observed that the court does not refer to or overrule Bank of Rome v. VillageSearch
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of Rome, People v. MitchellSearch
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Town of Duanesburgh v. JenkinsSearch
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or Williams v. TownSearch
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of Duanesburgh, supra. We are unable to reconcile Horton v. TownSearch
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the points now raised, with the doctrines of those cases or of others decided in the Court of Appeals prior to People v. BatchellorSearch
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of statutes similar to those of 1868 and 1869, or to the confirmatory act of 1871, as obliges us to follow Horton v. TownSearch
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and 1869. If the rights of those holding the bonds were in any degree affected by the subsequent decision in People v. BatchellorSearch
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the later decision in Town of Duanesburgh v. JenkinsSearch
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the act of 1871 was passed. The defendant in error acquired the bonds in suit in 1875, before the decision in Horton v. TownSearch
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of Thompson, and when, according to the principles announced in Town of Duanesburgh v. JenkinsSearch
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could not affect a bona fide purchaser for value who had no such knowledge. Our decision in County of Warren v. MarcySearch
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U. S. 96 , which is partly based upon adjudications in the courts of New York ( Murray v. LylburnSearch
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Johns. (N.Y.) Ch. 441, and Leitch v. WellsSearch
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U.S. Supreme Court Thompson v. PerrineSearch
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Morton v. TownSearch
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Scipio v. WrightSearch
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Bank of Rome v. VillageSearch
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In People v. MitchellSearch
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People v. MitchellSearch
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People v. BatchellorSearch
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In Town of Duanesburgh v. JenkinsSearch
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