Gause v. Clarksville
U.S. Circuit Court for the District of Eastern Missouri
On demurrer to counts 1 to 10 and 12 to 17 of the amended petition. All of the counts in the petition state, for causes of action, the making by defendant of divers negotiable bonds, payable to bearer, and all acquired by plaintiff [William R. Gause] after maturity.
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On demurrer to counts 1 to 10 and 12 to 17 of the amended petition. All of the counts in the petition state, for causes of action, the making by defendant of divers negotiable bonds, payable to bearer, and all acquired by plaintiff [William R. Gause] after maturity. All of them allege tbe defendant to be a corporation, incorporated (1) June 7tb, 1847, under tbe general law of 1845 as to tbe incorporation of towns (Rev. St. 1845, p. 552), and (2) on February 24tb, 1853, under a special act, approved that day, entitled, “An act to incorporate tbe town of Clarksville” (Acts 1853, p. 591). Counts…
1Opinion of the Court
DILLON, Circuit Judge.
Wé are of opinion that the act of 1845 (Rev. St. 1845, p. 552) was superseded by the special act of February 24, 1S53 (Acts 1S53, p. 591), incorporating the defendant city.
Three classes of bonds are in question, headed and styled respectively, “Wharf Im*98provement Bonds,” “Street Improvement Bonds,” and “Road Improvement Bonds.” The first two stand on the same, the last on a different, ground. The former will, be first considered. The bonds purport to be unconditional obligations of the city, and are negotiable in form. They do not recite the purpose for which they were…
2Cases cited10 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Mills v. GleasonWisconsin Supreme Court · 1860
- Sheffield School Township v. AndressIndiana Supreme Court · 1877
- City of Galena v. CorwithIllinois Supreme Court · 1868
- Paul v. City of KenoshaWisconsin Supreme Court · 1867
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3Cited by4 opinions
- Bogart v. Township of LamotteMichigan Supreme Court · 1890
- First National Bank v. Nye CountyNevada Supreme Court · 1914
- Francis v. Howard CountyU.S. Circuit Court for the District of Western Texas · 1892
- City of Hazlehurst v. MayesMississippi Supreme Court · 1910