Legal Opinion

Merrill v. Monticello

Supreme Court of the United States

Decided March 2, 1891No. 125PublishedCited by 77 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE ' DISTRICT OF INDIANA. This was an action at law by Ábner L. Merrill, a citizen of Massachusetts, against the town of Monticello, in the State of Indiana, upon certain bonds and coupon^ issued by the town and purchased by the plaintiff in open market. The bonds and coupons wpre in form like the following: “ United States of America. “No. 1. State of Indiana. $100. “Funding Bond of the Town of Monticello.

Read the full summary

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE ' DISTRICT OF INDIANA. This was an action at law by Ábner L. Merrill, a citizen of Massachusetts, against the town of Monticello, in the State of Indiana, upon certain bonds and coupon^ issued by the town and purchased by the plaintiff in open market. The bonds and coupons wpre in form like the following: “ United States of America. “No. 1. State of Indiana. $100. “Funding Bond of the Town of Monticello. “ Ten years after date, the town of Monticello, in the county of "White, State of Indiana, promises to pay to the bearer, at the…

1Opinion of the Court

Mr. Justice Lamar,

after stating the case as above reported, delivered, the opinion, of the court.

The decisive question presented by the record in this case is, did the town of Monticello have authority, under, the laws of Indiana, to issue for sale in open market negotiable securities in the forms of the bonds and coupons on which recovery is here sought? Chancellor Kent, in his Commentaries, vol. 2, 298, 299, referring to the strictness with which corporate powers are construed, irrespective, of the distinction between public and private corporations, uses the following language: •“ The…

2Cases cited15 opinions

  1. Marsh v. Fulton CountySupreme Court of the United States · 1871
  2. Dixon County v. FieldSupreme Court of the United States · 1884
  3. Claiborne County v. BrooksSupreme Court of the United States · 1884
  4. Buchanan v. LitchfieldSupreme Court of the United States · 1880
  5. Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804

10 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. Texas & Pacific Railway Co. v. PottorffSupreme Court of the United States · 1934
  2. Mike Allmand v. Jon PavleticTennessee Supreme Court · 2009
  3. Brenham v. German American BankSupreme Court of the United States · 1892
  4. City of Huron v. Second Ward Sav. BankCourt of Appeals for the Eighth Circuit · 1898
  5. Ashley v. Board of SupervisorsCourt of Appeals for the Sixth Circuit · 1893

72 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API