National Bank v. City of Iola
Supreme Court of Kansas
Action brought by the Commercial National Bank of Cleveland, of Cleveland, Ohio, as plaintiff, against The City of lola, ns defendant, to recover the amount of certain matured coupons attached to bonds issued by the City, of lola, a city of the state of Kansas.
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Action brought by the Commercial National Bank of Cleveland, of Cleveland, Ohio, as plaintiff, against The City of lola, ns defendant, to recover the amount of certain matured coupons attached to bonds issued by the City, of lola, a city of the state of Kansas. The declaration (or petition) is in the usual form, (as are the coupons, copies of which are filed therewith,) and avers that such coupons “were issued in pursuance” of ch. 80 of the laws of Kansas passed in 1871, “which went into effect February 23, 1871.” This act is published in the volume of laws of 1871, p. 195; and as the…
1Opinion of the Court
The opinion of the court was delivered by
Dillon, Circuit Judge:
'Without express legislative authority the city of Iola would have no power to appropriate money or to loan its credit to aid private persons to establish manufactories either near to or within the corporate limits. This proposition admits of no dispute, and is well settled. Stetson v. Kempton, 13 Mass., 278; Cushing v. Newburyport,10 Met., 510; Cook v. Manufacturing Co., 1 Sneed, (Tenn.) 698; Penn. Pailroad Co. v. Philadelphia, 47 Penn. St., 189; Dillon’s Munic. Corp., § 106. No precedent authority, either by general or special…
2Cases cited12 opinions
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- City of Atchison v. BartholowSupreme Court of Kansas · 1866
- Butz v. City of MuscatineSupreme Court of the United States · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Briggs v. City of RaleighSupreme Court of North Carolina · 1928
- Wendler v. City of Great BendSupreme Court of Kansas · 1957
- Caldwell v. FrazierSupreme Court of Kansas · 1902
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Lingamfelter v. BrownWest Virginia Supreme Court · 1949
5 more not listed; retrieve them via the Exa API.