Legal Opinion

Cheeney v. Inhabitants of Brookfield

Supreme Court of Missouri

Decided May 15, 1875PublishedCited by 22 opinions

-Appeal,from Linn Court of Common Pleas. The trustees, in contracting the debt and in issuing the warrant, acted without any authority, and the corporation is not estopped after the issue of the warrant, to set up the defense of ultra vires. (Dill. Mime.

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-Appeal,from Linn Court of Common Pleas. The trustees, in contracting the debt and in issuing the warrant, acted without any authority, and the corporation is not estopped after the issue of the warrant, to set up the defense of ultra vires. (Dill. Mime. Corp., § 412; Leavenworth vs. Rankin, 2Kans., 358; Leavenworth vs. Norton, lKans., 432; Loker vs. Brookline, 13 Pick., 348.) ■ Although the town may have had no right and may have 'been prohibited from circulating small bills, yet the town is bound for printing and engraving. (Ang. Ames Oorp., 8 ed., 271; 5 B. Mon., 130; Alleghany City vs.…

1Opinion of the CourtSherwood, Judge

The question presented by the record before us is: Whether the trustees of a municipal corporation, incorporated under the general laws of this State, and possessing no power, and subject to no liabilities except such as are imposed and conferred by tbe statute, relating to towns and their incorporation, (Wagn. Stat., 1313) can-render the corporation which they represent liable for the payment of a warrant drawn, on .the treasurer of the town, having been issued by order of the *54trustees, to pay a debt contracted by them, with a bank note and engraving company, to engrave and print on bank…

2Cases cited5 opinions

  1. Marsh v. Fulton CountySupreme Court of the United States · 1871
  2. Thomas v. City of RichmondSupreme Court of the United States · 1871
  3. Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
  4. Clark v. City of Des MoinesSupreme Court of Iowa · 1865
  5. Rowland, Smith & Co. v. Bull's ExecutorsCourt of Appeals of Kentucky · 1844

3Cited by22 opinions

  1. Donovan v. Kansas CitySupreme Court of Missouri · 1943
  2. Verdin v. City of St. LouisSupreme Court of Missouri · 1895
  3. Donahoe v. Kansas CitySupreme Court of Missouri · 1897
  4. McQuiddy v. BrannockMissouri Court of Appeals · 1897
  5. Keating v. City of KansasSupreme Court of Missouri · 1884

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