City of Forrest City v. Bank of Forrest City
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The ¡city had no power to borrow money in the absence of -express .authority in the Constitution or from the Legislature. Kirby’s Digest, § § 5436-7, 5442-3; 1 Dillon -on Mun. -Corp. (5 ed.), § § .289, 290; 19 Wall. 468; 89 Ala. 641; 102 Iowa 69; 117 Md. 122; 29 Am.' Cases 73; 29 La. Ann; 973; 37 N. J. L. 191; 6 Ann.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The ¡city had no power to borrow money in the absence of -express .authority in the Constitution or from the Legislature. Kirby’s Digest, § § 5436-7, 5442-3; 1 Dillon -on Mun. -Corp. (5 ed.), § § .289, 290; 19 Wall. 468; 89 Ala. 641; 102 Iowa 69; 117 Md. 122; 29 Am.' Cases 73; 29 La. Ann; 973; 37 N. J. L. 191; 6 Ann. Cases 754, -and note; 119 N. T. 280; 61 Tex. 316; 85 Id. 520, 540; 94 Va. 668; 28 W. Ya. 288; 144 IT. -S. 173, 549; art. 12, § 3, Const. ■ No power is given to borrow for any other purpose than to extend the time of…
1Opinion of the CourtHart, J.
This suit was instituted in the circuit court by Eugene Williams and the Bank of Forrest City against the city of Forrest City, to recover the sum of $5,196.43 alleged to be due plaintiffs by 'the defendant. The pleadings and proof introduced established the following state of facts:
Forrest City is a city of the second class and on the. 8th day of June, 1906, its common council passed a resolution whereby its mayor was authorized and directed to execute to Eugene Williams, two notes, one for $3,160, due and payable February 8, 1907-, for oash borrowed, and one for $2,196.43, due and payable…
2Cases cited4 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Merrill v. MonticelloSupreme Court of the United States · 1891
- Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Altheimer v. Board of Directors of Plum Bayou Levee DistrictSupreme Court of Arkansas · 1906
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- Bank of Commerce v. HuddlestonSupreme Court of Arkansas · 1927
- Bourland v. First National Bank Building Co.Supreme Court of Arkansas · 1922
- McKinney v. First National BankSupreme Court of Arkansas · 1922
- Road Improvement District No. 1. v. Delinquent LandsSupreme Court of Arkansas · 1923
- American La-France & Foamite Corp. v. City of El DoradoCourt of Appeals for the Eighth Circuit · 1936
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