7 F. 892 | U.S. Circuit Court for the District of Northern New York | 1881
A question is made in this case whether the recitals upon the face of the bonds issued in the name of the defendant are such as to authorize a purchaser to assume that the agents of the defendant had complied with the statutory requirements in issuing the bonds. If they were not sufficient, it was incumbent upon a purchaser to examine into the preliminary proceedings in order to ascertain whether or not the conn aissioners had observed the conditions which the statute imposed upon their action. The recital upon the face of the bonds is that they were issued “by virtue of an act of the legislature of the state of New York, entitled, ” etc.
In Pompton v. Cooper Unton, 101 U. S. 196, the supreme court of the United States held that where the bonds recited
Judgment is ordered for the plaintiff.