Legal Opinion

Bissell v. Spring Valley Township

Supreme Court of the United States

Decided January 9, 1888No. 1261PublishedCited by 95 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The following was the case, as stated by the court.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The following was the case, as stated by the court. In October, 1880, the plaintiff below, who is also plaintiff in error here, commenced an action in the Circuit Court of the United States for the District of Kansas, to recover the amount due on several interest coupons of seventykhree bonds' of one thousand dollars each, purporting to have been issued by Spring Talley Township, a municipal corporation of Kansas, to aid the Atlantic and Pacific Railway Company in the construction of a railroad through the limits of…

1Opinion of the CourtJustice Field

The plaintiff was defeated in his former action against the municipality, because the coupons, upon whi'ch its liability was asserted, were adjudged to be invalid instruments. It appears from the record of that action, as well as from the opinion of the Circuit Court in passing upon the demurrer, and of this court in Reviewing its decision, that their invalidity was adjudged because the seventy-three bonds, to which they were attached, were themselves void instruments, the county clerk, whose signature appears upon them, never having signed them or authorized any one to sign his name to them,…

2Cases cited4 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Wilson's v. DeenSupreme Court of the United States · 1887
  3. Bouchaud v. DiasNew York Supreme Court · 1846
  4. Lumber Co. v. BuchtelSupreme Court of the United States · 1879

3Cited by95 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. Hartmann v. Time, Inc.Court of Appeals for the Third Circuit · 1948
  3. Dowell v. ApplegateSupreme Court of the United States · 1894
  4. Price v. Sixth District Agricultural Assn.California Supreme Court · 1927
  5. Northern Pacific Railway Co. v. SlaghtSupreme Court of the United States · 1907

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