Smith v. City of Fond du Lac
U.S. Circuit Court for the District of Eastern Wisconsin
These are actions by the holders of coupons attached to certain bonds issued by the city of Fond du Lac in payment of a subscription made in its behalf to the capital stock of a railroad company originally known as the Milwaukee & Northwestern Railway Company, but whose name was subsequently changed to that of the Northwestern Union Railway Company.
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These are actions by the holders of coupons attached to certain bonds issued by the city of Fond du Lac in payment of a subscription made in its behalf to the capital stock of a railroad company originally known as the Milwaukee & Northwestern Railway Company, but whose name was subsequently changed to that of the Northwestern Union Railway Company. Each bond, dated November 7. 1871, is made payable to the Northwestern Union Railway Company, or bearer, and recites that it— “ Is one of a series of 750 bonds, bearing even date herewith, each for the sum of $100, * * * and is issued in pursuance…
1Opinion of the Court
After stating the facts, Mr. Justice Harlan delivered, orally, his opinion upon the legal questions raised and discussed, as follows:
Harlan, Justice.
The recitals in the bonds import a compliance with the provisions of the statute under the authority of which they were issued. The fact that no such corporation as the Northwestern Union Ey. Co. was in existence at the date of the bonds is wholly immaterial, since it satisfactorily appears that they were, in fact, issued a^fter that corporation was created, and by virtue of the statute of 1871, authorizing the city of Fond du Lac, and other…
2Cases cited4 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- Bound v. Wisconsin Central RailroadWisconsin Supreme Court · 1878
- Fisk v. City of KenoshaWisconsin Supreme Court · 1870
3Cited by2 opinions
- The Snug HarborDistrict Court, E.D. New York · 1931
- Sunset Telephone & Telegraph Co. v. City of PomonaCourt of Appeals for the Ninth Circuit · 1909