Page:Federal Reporter, 1st Series, Volume 3.djvu/56

IRWIN V. TOWN OP ONTARIO. eÔ �Ibwin V. The Town of Ontario. {Okeu.it Court, HT. D. New York. July 2, 1880.) �i. Town Bonds — Apfidavit of Town Assbssors. — In an action \>y a bonaflde holder of bonds issued under the act of May 11; 1868, (Laws of New York, 1868, e. 811,) as amended by the act of AprU 19, 1869, (Laws of New York, 1869, e- 241,) to aid in the construction of the Lake Ontario Shore Railroad Company, the defendant caunot contra- dlct any of the statutory facts sworn to in the affldavit of the town assessors. �Phdps V. The Town of Lemston, 15 Blatchf. C. C. R. 131, followed. �Smith V. The Town of Ontario, 15 Blatchf. C. C. R. 267, distinguiahed. �2. Papbrs Beparately Fii.ed at Same Time. — When guch affldavit of �the assessors, and other papers prescribed by the statute, were filed separately at the same time, and were attached together wlien pro- duced on the trial, and were flled as a whole at one and the same time, they will be regarded as having been phygioally attached together as one whole when they were flled. �3. Ratification. — Facts in this case held to constitute a ratification of �the acts of the offlcers who issued the town bonds. �Motion for New Trial. �Albertus Perry, for plaintiff. �William F. Cogswell, for defendant. �Blatchpoed, c. J. This is a suit against the town of On- tario, to recover the amount of 16 coupons of $35 each, eut off from four bonds of |1,000 each, issued by that town. Four of the coupons fell due April 1, 1877; four October 1, 1877;. four April 1, 1878; and four October 1, 1878. Two of the bonds were dated April 1, 1871, and two July 1, 1871. The action was tried before the court and a jury, and the plaintiff had a verdict for the amount of the coupons, $560, and $86.32 interest. A motion is now made for a new trial on a bill of exceptions. The plaintiff proved that he becamethe purchaser in good faith of the said bonds and coupons before the same became due, for a valuable consideration, by him paid therefor at the time of the purehase thereof. He then offered in evidence a roU of papers from the office of the elerk of the county of Wayne, in which county the town of Ontario �J8 situated, usually called a bonding JoU, which consisted of v.8,no.2— e ����