3 N.Y.S. 110 | N.Y. Sup. Ct. | 1888
The questions in difference between these parties are brought before the court by a submission entered into pursuant to sections 1279 and 1280 of the Code of Civil Procedure. In 1871 the county judge of Jefferson county adjudged (pursuant to chapter 907 of the Laws of 1869) that a majority of the tax-payers, representing a majority of the taxable property of the town of Orleans, had duly consented that bonds of said tow-n be issued to the amount of $80,000, and invested in the stock of the Clayton & Theresa Railroad Company, and appointed three commissioners to carry the adjudication into effect. This adjudication was reviewed upon certiorari, by the general term, which affirmed the judgment on the 20th of June, 1872. While the matter was pending in the general term, the commissioners issued 160 bonds, for $500 each, dated February 15,1872, payable February 15,1894, with semi
No. 1. No. 2. No. 3. No. 4. 1873, - - $ 9 20 $ 12 23 $ 21 43 Nothing. 1874, 213 17 335 93 549 10 do. 1875, - - 160 60 348 70 509 30 do. 1876, 120 09 320 61 440 70 do. 1877, - 132 35 276 02 408 37 do. 1878, 41 08 99 34 140 42 do. 1879, - - 119 27 244 14 363 41 $10,[ XXX XX XXXX ], . 152 27 257 12 409 39 26,[ XXX XX XXXX ], - - 103 08 273 36 376 44 23,[ XXX XX XXXX ], 114 05 221 21 335 26 7,[ XXX XX XXXX ], - - 159 20 212 38 371 58 5,[ XXX XX XXXX ], 123 70 159 88 283 58 10,[ XXX XX XXXX ], - - 160 25 188 65 348 90 1,[ XXX XX XXXX ], 141 50 145 93 287 43 1,705 00
The moneys paid by the railroad company in these years were paid by the town collectors into the treasury of the county, and expended under the direction of the defendant for county purposes. For the purpose of fixing a date as of which the moneys were expended, it was agreed in the submission that the taxes of each year were expended on the succeeding 1st day of June. In November, 1887, the plaintiff demanded that the defendant and its treasurer should pay into a sinking fund the taxes (except school and road) collected during the years 1873 to 1886, inclusive, and also the taxes to be collected in 1887 from the railroad company, as provided by section 4, c. 907, Laws 1869, as amended by chapter 283, Laws 1871. The defendant, through its treasurer, paid the sum collected in 1887 into a sinking fund for the benefit of the town, but refused to pay into said sinking fund the moneys collected in the previous years, and thereupon the parties entered into this submission.
The fact that it was held by the court of appeals that the proceedings taken were insufficient to authorize the commissioners to issue bonds is no justification for the refusal of the defendant to set apart these taxes for the purpose of creating a sinking fund. The object of creating this fund was to provide for the payment of the interest accruing upon the bonds, and the principal, and to afford some relief to the tax-payers who had created this new taxable property. The court of last resort held that the town was liable to pay its bonds, and the burden was as effectually imposed as though the court of appeals had declared the proceedings to bond the town regular and effectual. The
Hardin, P. J., and Martin, J., concur.