Name: Orleans v. Platt — Opinion of the Court
Author: Noah Haynes Swayne

Quotes from Orleans v. Platt — Opinion of the Court (Noah Haynes Swayne)

Noah Haynes Swayne, Orleans v. Platt — Opinion of the Court

“ The twelfth assignment is that the defendant asked the court to submit to the jury, as distinct issues to be tried, the propositions whether the two railroad companies which had held the bonds and the plaintiff were bona fide holders, and that the court refused.
Where the testimony is all one way and is conclusive in its effect, a party has no right to ask a charge which assumes that it is otherwise. It would tend to create a doubt where none existed, or ought to exist, and might mislead the jury. ”

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Source: Wikisource

Noah Haynes Swayne, Orleans v. Platt — Opinion of the Court

“ Parties claiming to be a majority of the tax-payers, and to own the greater part of the taxable property of the town, petitioned the county judge for an order that the bonds of the town, to the amount of $80,000, should be issued to enable it to subscribe and pay for that amount of the capital stock of the Clayton and Theresa Railroad Company. After hearing the petitioners and their opponents at the appointed time, the judge, on the 1st of July, 1871, ordered the bonds to be issued, and, pursuant to the statute, appointed three commissioners to execute and deliver them. ”

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Source: Wikisource

Noah Haynes Swayne, Orleans v. Platt — Opinion of the Court

“ This court held that in such cases there is only an implied warranty of title and genuineness, and that if there were no guaranty, and no fraud or misrepresentation on the part of the vendor in selling, the plaintiffs could not recover. ”

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Source: Wikisource

Noah Haynes Swayne, Orleans v. Platt — Opinion of the Court

“ This negligence is the source of all the difficulties of the plaintiff in error touching the bonds. The loss, if any shall ensue, will be due, not to the law or its administration, but to the supineness of the town and the contestants. County of Ray v. Van Syckle, 96 U.S. 675.
Where one of two innocent persons must suffer a loss, and one of them has contributed to produce it, the law throws the burden upon him, and not upon the other party. ”

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Source: Wikisource

Noah Haynes Swayne, Orleans v. Platt — Opinion of the Court

“ Where the bonds on their face recite the circumstances which bring them within the power, the corporation is estopped to deny the truth of the recital. Mercer County v. Hacket, 1 id. 83; San Antonio v. Mehaffy, 96 U.S. 312; County of Moultrie v. Savings Bank, 92 id. 631; Moran v. Commissioners of Miami County, 2 Black, 722; Knox v. Aspinwall, 21 How. 539; The Royal British Bank v. Turquand, 6 El. & Bl. 325.
A corporation is liable for the acts of its servants while engaged in the business of their employment, to the same extent that individuals are liable under like circumstances. ”

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Source: Wikisource

Noah Haynes Swayne, Orleans v. Platt — Opinion of the Court

“ People ex rel. v. Sawyer, 52 N. Y. 296. The previous reported adjudications are said to have been all contrary to this decision; none of them, however, were by the court of last resort. Matter of Tax-payers of Town of Greene, 38 How. Pr. (N. Y.) 515; Mem. of Decisions of Sup. Court, fols. 281, 282. See also People v. Mitchell, 35 N. Y. 555.
The bonds showed no defect upon their face. They purported to be issued by virtue of certain specified acts of the legislature, and set forth that the 'commissioners, under the acts above referred to, for the town of Orleans, . . . ”

Noah Haynes Swayne

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Quotes from Orleans v. Platt — Opinion of the Court (Noah Haynes Swayne)

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Noah Haynes Swayne

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Quotes from Orleans v. Platt — Opinion of the Court (Noah Haynes Swayne)

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