Legal Opinion

Manhattan Co. v. City of Ironwood

Court of Appeals for the Sixth Circuit

Decided May 12, 1896No. 397PublishedCited by 6 opinions

In Error to the Circuit Court of the United States for the Western District of Michigan. This was an action in assumpsit on 70 coupons attached to 70 bonds issued by the mayor, city clerk, and city comptroller of the city of Ironwood, Mich. The coupons were for $30 each', and the amount claimed was $2,100. The bonds were in the following form, except as to the numbers and times of payment thereof: United States of America.

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In Error to the Circuit Court of the United States for the Western District of Michigan. This was an action in assumpsit on 70 coupons attached to 70 bonds issued by the mayor, city clerk, and city comptroller of the city of Ironwood, Mich. The coupons were for $30 each', and the amount claimed was $2,100. The bonds were in the following form, except as to the numbers and times of payment thereof: United States of America. No. 149. The City of Ironwood. $1,000. Organized under the Laws of the State of Michigan. <■ Public Improvement Bond. Know all men by these presents, that the city of…

1Opinion of the CourtTaft, Circuit Judge

The case turns on the construction of the charter of the city of Ironwood, passed in 1893. We may assume, without deciding, that the officers of the city who signed these bonds had implied power, by virtue of the charter’s provisions, to recite in the face of the bonds that the requirements of the act in the issuance of the bonds had been complied with, and thus to estop the city from denying the performance of the conditions precedent to the valid issue of the bonds, as against a bona fide purchaser of them without notice. The contention on behalf of counsel for the city is that the bonds…

2Cases cited13 opinions

  1. United States v. MooreSupreme Court of the United States · 1878
  2. Dixon County v. FieldSupreme Court of the United States · 1884
  3. New Hampshire v. LouisianaSupreme Court of the United States · 1883
  4. Lake County v. GrahamSupreme Court of the United States · 1889
  5. McClure v. Township of OxfordSupreme Court of the United States · 1877

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3Cited by6 opinions

  1. Virginia & West Virginia Coal Co. v. CharlesDistrict Court, W.D. Virginia · 1917
  2. City of Dayton, Ohio v. City Ry. Co.Court of Appeals for the Sixth Circuit · 1926
  3. Chelsea Sav. Bank v. City of IronwoodCourt of Appeals for the Sixth Circuit · 1904
  4. Adams v. SaundersSupreme Court of Florida · 1939
  5. Olds v. AlvordSupreme Court of Florida · 1939

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