Legal Opinion

Nicolay v. St. Clair County

U.S. Circuit Court for the District of Western Missouri

Decided July 1, 1874Published

This is an action [by Albert H. Nicolay) ■upon eoupóns originally annexed to bonds issued by the county of St. Clair. The coupons are in the usual form. The following is a copy of one of the bonds, dated July 1st, 1870, from which the coupons in suit have been detached: “United States of America. State of Missouri, County of St. Clair. County Bond. Interest ten per cent per annum, payable on the first days of January and July.

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This is an action [by Albert H. Nicolay) ■upon eoupóns originally annexed to bonds issued by the county of St. Clair. The coupons are in the usual form. The following is a copy of one of the bonds, dated July 1st, 1870, from which the coupons in suit have been detached: “United States of America. State of Missouri, County of St. Clair. County Bond. Interest ten per cent per annum, payable on the first days of January and July. “Know all men by these presents, that the county of St. Clair, in the state of Missouri, acknowledges itself indebted and firmly bound to the Tebo and Neosho Bailroad…

1Opinion of the Court

DILLON, Circuit Judge.

The bonds here in controversy were issued by the county court of St. Clair county, and recite an indebtedness on the part of the county “to the Tebo and Neosho Railroad Company, to the use and in the name of the Clinton and Memphis Branch of the Tebo and Neosho Railroad Company, in the sum of,” etc., “which sum the said county hereby promises to pay to the Tebo and Neosho Railroad Company, or bearer, to aid in building said branch railroad.”

The bonds also contain this recital: “This bond is issued under and in pursuance of an order of the county court of the county of…

2Cases cited5 opinions

  1. State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
  2. Smith v. County of ClarkSupreme Court of Missouri · 1873
  3. State ex rel. St. Joseph & Iowa Rail Road v. County CourtSupreme Court of Missouri · 1873
  4. Kansas City, St. Joseph & Council Bluffs Railroad v. AldermanSupreme Court of Missouri · 1871
  5. Chillicothe & Brunswick Railroad v. Mayor of BrunswickSupreme Court of Missouri · 1869

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