Rice v. City of Keokuk
Supreme Court of Iowa
Appeal from Lee District QourL This action is upon two bonds for the sum .of $500 each, issued by the City of Keokuk, dated February 1st, 1859, ^and payable two years after the date thereof to J. W. Davis or the holder. The answer admits that the plaintiffs’ intestate became in his lifetime the assignee of the said bonds, before maturity and for value.
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Appeal from Lee District QourL This action is upon two bonds for the sum .of $500 each, issued by the City of Keokuk, dated February 1st, 1859, ^and payable two years after the date thereof to J. W. Davis or the holder. The answer admits that the plaintiffs’ intestate became in his lifetime the assignee of the said bonds, before maturity and for value. The defense is that the bonds were for the reasons alleged in the answer, and which will be more fully set forth in the opinion, issued without authority of law, and are therefore not binding upon the city. A demurrer to the answer being…
1Opinion of the CourtDillon, J.
The bonds in suit are admitted in the answer to have been issued and delivered to Davis, the payee, under and in pursuance of a contract that he should build a calaboose or city prison and an engine house for the city, and receive in payment the bonds of the defendant. It is not contended by the appellant that the bonds were not issued for legitimate and even strictly municipal purposes. Nor, indeed, under the various provisions of the charter of the city and the several amendments thereto, would it be possible successfully to maintain that the City Council did not have the power to authorize…
2Cases cited3 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Minis v. United StatesSupreme Court of the United States · 1841
- Helfenstein v. CaveSupreme Court of Iowa · 1856
3Cited by3 opinions
- Kane v. City of MarionSupreme Court of Iowa · 1960
- Mote v. Incorporated Town of CarlisleSupreme Court of Iowa · 1930
- Corbin v. BeebeeSupreme Court of Iowa · 1873