Paul v. City of Kenosha
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. . The plaintiff declared upon three $500 bonds of the city of Kenosha (numbered 3, 4 and 5), with coupons attached, alleged to have been made September 1st, 1857, under chap. 133, Pr. & L. Laws of 1857, signed by the mayor and clerk, and sealed with the seal of the city, payable to Josiah Bond or bearer, to aid the Kenosha & Rockford R. R. Co. in the construction of its road.
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APPEAL from the Circuit Court for Kenosha County. . The plaintiff declared upon three $500 bonds of the city of Kenosha (numbered 3, 4 and 5), with coupons attached, alleged to have been made September 1st, 1857, under chap. 133, Pr. & L. Laws of 1857, signed by the mayor and clerk, and sealed with the seal of the city, payable to Josiah Bond or bearer, to aid the Kenosha & Rockford R. R. Co. in the construction of its road. The complaint avers that in September, 1857, at defendant’s'request, plaintiff purchased of defendant said bonds and coupons, and paid defendant $1500 therefor, and…
1Opinion of the CourtCole, J.
Hnder the circumstances, we consider the objection that the plaintiff could not recover the considera*272tion paid for the city bonds, without offering to return them to the city, as untenable. The suit was against the city which issued the bonds; and the bonds were put in evidence, and declared void and of no value whatever by the circuit court. What further purpose or use can the bonds be put to ? They are canceled. We are really at a loss to imagine what earthly benefit the possession of the bonds would be to the city. Perhaps, if the city had asked that the bonds be delivered over to its…
2Cases cited1 opinion
- Hurd v. HallWisconsin Supreme Court · 1860
3Cited by25 opinions
- Shulse v. City of MayvilleWisconsin Supreme Court · 1937
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Brown v. City of AtchisonSupreme Court of Kansas · 1888
- Thomson v. Town of EltonWisconsin Supreme Court · 1901
- Lincoln Land Co. v. Village of GrantNebraska Supreme Court · 1898
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