Clark v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. City warrants : how far negotiable : nature of MUNICIPAL POWERS: ULTRA VIRES: CITY SCRIP: ORDERS ON DIFFERENT FUNDS: PROOF OF, &G. — This is an action against the city of Des Moines, based upon two hundred and twenty-two different city warrants or orders. The plaintiff sues as assignee or holder. He was not the payee of any of them.
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Appeal from Polk District Court. City warrants : how far negotiable : nature of MUNICIPAL POWERS: ULTRA VIRES: CITY SCRIP: ORDERS ON DIFFERENT FUNDS: PROOF OF, &G. — This is an action against the city of Des Moines, based upon two hundred and twenty-two different city warrants or orders. The plaintiff sues as assignee or holder. He was not the payee of any of them. A copy of one of the class of orders payable out of the “general fund,” is as follows: No. 788. CITY WARRANT. $8.00 Des Moines, Iowa, October 21, 1862. To the Treasurer of the City of Des Moines: ' Pay U. H. White or bearer, eight,…
1Opinion of the CourtDillon, J.
i. municipkationsT power, I. The plaintiff is the assignee of the orders or warrants in the suit. It is not alleged in the answer, nor was it shown on the trial, that he was not a bona fide holder of these instruments for value, and -without notice of matters now pleaded, as defenses thereto. It is claimed by the plaintiff that the warrants being signed by the proper officers of the city, authenticated by its corporate seal, and negotiable in form, he, as the innocent holder thereof, stands, like a similar holder of ordinary mercantile paper, free from and unaffected by the equities and…
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