City of Galena v. Corwith
Illinois Supreme Court
Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benjamin B. Sheldon, Judge, presiding. This was an action of debt, instituted in the court below, by Henry Corwith, the defendant in error, against the City of Galena, the plaintiff in error, upon two bonds of said city, for the sum of $500.00 each. The defendant pleaded the general issue, want of consideration, and that the city had no authority to issue the said bonds.
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Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benjamin B. Sheldon, Judge, presiding. This was an action of debt, instituted in the court below, by Henry Corwith, the defendant in error, against the City of Galena, the plaintiff in error, upon two bonds of said city, for the sum of $500.00 each. The defendant pleaded the general issue, want of consideration, and that the city had no authority to issue the said bonds. The cause was tried before the court and a jury, and a verdict found for the plaintiff for $1,182.50. A motion for a new trial was made, which the court…
1Opinion of the Court
Hr. Chief Justice Breese
delivered the opinion of the Court :
It is insisted hy the plaintiff in error, that, inasmuch as the charter of the City of Galena granted the power to borrow, upon the faith and pledge of the city, so much money as they might deem necessary and expedient, not exceeding twenty thousand dollars in any one year, and to issue bonds, scrip, or certificates therefor, and that the money so borrowed to be expended and applied in liquidation of ttje debts of the city, and in the permanent and useful improvement thereof, that •.thereby the city is prohibited from funding its…
2Cited by26 opinions
- Law v. People ex rel. HuckIllinois Supreme Court · 1877
- City of Huron v. Second Ward Sav. BankCourt of Appeals for the Eighth Circuit · 1898
- West v. Town of Lake PlacidSupreme Court of Florida · 1929
- County of Coles v. GoehringIllinois Supreme Court · 1904
- Robertson v. BreedloveTexas Supreme Court · 1884
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