New York Court of Appeals

The Village of Fort Edward, Respondent v. Wilbur F. Fish, Appellant

June 7, 1898156 N.Y. 363

Summary

The Court of Appeals held that the Village Water Supply Act requires bonds to be sold at their face (par) value, that a contract to sell the bonds below that value is void, that the water commissioners lacked authority to compromise the resulting claim, and that the village may recover the illegal payment because the doctrine of voluntary payment does not apply and the village is not in pari delicto.