Legal Opinion · Dissent

Board of County Commissioners v. Linn

Supreme Court of Colorado

Decided January 15, 1902No. 4129Published

Appeal from ' the District Court of Fremont County This is an action to recover on coupons of municipal bonds issued by Lake County, Colorado, on January 2, 1882, under authority conferred by an act of the general assembly entitled “An act to enable the several counties of the state to fund their floating indebtedness,” approved February 21, 1881. 1 Mills Ann.

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Appeal from ' the District Court of Fremont County This is an action to recover on coupons of municipal bonds issued by Lake County, Colorado, on January 2, 1882, under authority conferred by an act of the general assembly entitled “An act to enable the several counties of the state to fund their floating indebtedness,” approved February 21, 1881. 1 Mills Ann. Stat. §§ 939 to 944. The bonds recite upon their face that they are part of an issue of funding bonds aggregating $500,000, and were made payable to different persons. Plaintiff did not receive them direct from the county, but bought…

1DissentJustice Steele

I am willing to accept the conclusion of the court that the principles announced in the case of Lake *462County v. Standley, 24 Colo. 1, must control in the decision of this case, and that the defendant having failed to establish, in accordance with that decision; the invalidity of the bonds in question, the judgment in that respect must be affirmed; but I cannot agree with the portion of the decision which allows interest upon the coupons sued upon.

These coupons have not been separately .negotiated, nor do they contain any stipulation for the payment of interest if not paid when due. At this…

2Cases cited25 opinions

  1. Mercer County v. HacketSupreme Court of the United States · 1864
  2. Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
  3. Meyer v. City of MuscatineSupreme Court of the United States · 1864
  4. Bailey v. . County of BuchananNew York Court of Appeals · 1889
  5. City of Pekin v. ReynoldsIllinois Supreme Court · 1863

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