Legal Opinion

Smeltzer v. White

Supreme Court of the United States

Decided February 14, 1876No. 133PublishedCited by 15 opinions

Error to the Circuit Court of the United States for the District of Iowa. The plaintiff in error, who is a citizen of Iowa, having sold to the defendant in error, a citizen of Maryland, certain warrants purporting to be issued by the counties of O’Brien, Buena Vista, and Clay, in the State of Iowa, guaranteed in writing that they were “ genuine and regularly issued.” Payment of said warrants having been demanded and refused, suit Avas brought against the several counties.

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Error to the Circuit Court of the United States for the District of Iowa. The plaintiff in error, who is a citizen of Iowa, having sold to the defendant in error, a citizen of Maryland, certain warrants purporting to be issued by the counties of O’Brien, Buena Vista, and Clay, in the State of Iowa, guaranteed in writing that they were “ genuine and regularly issued.” Payment of said warrants having been demanded and refused, suit Avas brought against the several counties. They demurred, upon the ground that the warrants were not issued under the proper seal of the county; and judgment was…

1Opinion of the CourtJustice Strong

All the assignments of error, but one, are founded upon exceptions taken to the charge of the circuit judge. They are numerous ; and many of them do not conform to the rules of this court, or to the. exceptions which were actually taken. Without examining them separately, we shall consider the legal questions they present, so far as they have any bearing upon the case.

The suit was founded upon express guaranties of the genuineness and regularity of issue of county warrants, — guaranties which, the plaintiff alleged, had been broken. He had sued the county to recover the amount of the…

2Cases cited6 opinions

  1. Lovejoy v. MurraySupreme Court of the United States · 1866
  2. Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
  3. Prescott v. GonserSupreme Court of Iowa · 1872
  4. Clark's Executors v. CarringtonSupreme Court of the United States · 1813
  5. Walker v. FerrinSupreme Court of Vermont · 1832

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3Cited by15 opinions

  1. In Re Estate of DanielSupreme Court of Minnesota · 1940
  2. Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
  3. In re FarrellMontana Supreme Court · 1907
  4. Chandler v. ThompsonU.S. Circuit Court for the District of Western North Carolina · 1886
  5. Punta Gorda Bank v. State BankSupreme Court of Florida · 1906

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