Legal Opinion

Edwards v. Bates County

U.S. Circuit Court for the District of Western Missouri

Decided July 12, 1902PublishedCited by 2 opinions

Action at Law on Municipal Bonds.

1Opinion of the Court

PHILIPS, District Judge.

If it were conceded that the plaintiff, Edwards, at the institution of this suit, was in fact the owner of the bonds in question, yet, as he did not acquire them until after their *528maturity, he took them subject to all the equities and defenses which the county could make against the railroad company. The taker of •overdue paper “takes it as a holder with notice that it is subject to some defenses, if he takes it at a time when in due course it should have been paid. He is, therefore, subject to the defense (x) that it was affected in its inception with some inherent…

2Cases cited31 opinions

  1. Galpin v. PageSupreme Court of the United States · 1874
  2. Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
  3. Thatcher v. PowellSupreme Court of the United States · 1821
  4. Central Coal & Coke Co. v. HartmanCourt of Appeals for the Eighth Circuit · 1901
  5. Stewart v. LansingSupreme Court of the United States · 1882

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3Cited by2 opinions

  1. Di Palma v. WeinmanNew Mexico Supreme Court · 1911
  2. Oregon & C. R. v. GrubissichCourt of Appeals for the Ninth Circuit · 1913

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