City of Galveston v. Loonie
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by P. J. Loonie against the city of Galveston, appellant, on one hundred and thirty-five “ coupons.”
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by P. J. Loonie against the city of Galveston, appellant, on one hundred and thirty-five “ coupons.” He alleged that in consideration of materials furnished and work and labor performed by him and his assignors under contract with appellant, in and about the erection of its sidewalks, and the filling up of certain of its lots and blocks, the city made, executed and delivered to him and his assignors its sixteen bonds, signed by the mayor and countersigned by its treasurer, and sealed by its corporate seal. ' That those…
1Opinion of the Court
Gould, Associate Justice.
The right of the plaintiff to his recovery depends on the power of the city of Galveston to construct sidewalks and to give its valid written obligation to pay therefor at a future day. The question is thus stated, because we are of opinion that the instruments set out by plaintiff may bind the city to the payee or his assignee, although they may not have been valid negotiable instruments, because of the want of power in the city to issue negotiable or commercial paper for such purposes. Whether this latter power was wanting or not we do not determine.
The charter…
2Cases cited1 opinion
- Amy v. DubuqueSupreme Court of the United States · 1879
3Cited by15 opinions
- City of Sweetwater v. HamnerCourt of Appeals of Texas · 1923
- Robertson v. BreedloveTexas Supreme Court · 1884
- Cal. Safe Deposit & Tr. Co. v. Sierra Valleys Ry.California Supreme Court · 1910
- Bridgers v. City of LampasasCourt of Appeals of Texas · 1923
- City of Waxahachie v. BrownTexas Supreme Court · 1887
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