Ely Const. Co. v. Town of TimmonsVille

PARKER, Circuit Judge.

This is an appeal from a judgment for defendant in an action instituted against the Town of Timmonsville, S. C., to recover the balance due on a promissory note. The court below denied recovery on the grounds that the note was issued without authority and in contravention of constitutional and statutory provisions and that it was barred by the statute of limitations. We think that the judgment should be sustained on both grounds.

It appears that the note was not a tax-anticipation certificate nor was it given for goods or services had and received for the benefit of the…