Beattie v. Andrew County
Supreme Court of Missouri
Jlppeal from Jindrew Circuit Court. I. Andrew county, at date of the bonds, was restricted by express statute to seven per cent, interest on bonds. (R. C. 1855, p. 429, § 33.) In the absence of charter or special law prescribing rate of interest, said county was governed by that section. The court of Andrew county was a mere agent for the county, and bound to follow strictly the power conferred by law.
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Jlppeal from Jindrew Circuit Court. I. Andrew county, at date of the bonds, was restricted by express statute to seven per cent, interest on bonds. (R. C. 1855, p. 429, § 33.) In the absence of charter or special law prescribing rate of interest, said county was governed by that section. The court of Andrew county was a mere agent for the county, and bound to follow strictly the power conferred by law. (Flagg vs. Palmyra, 33 Mo., 440; St. Louis vs. Gorman, 29 Mo., 593.) I. The Andrew County Court had the right to issue the bond and coupon sued on, under and by virtue of § 13, of the charter…
1Opinion of the CourtWagner, Judge
*43This was an action brought by the plaintiff to recover the amount of a bond, and two coupons, issued by the defendant. The bond was ,issued in January, 1860, due and payable ten years after date, bearing interest at the rate of ten per cent, per annum, and was made on account of a subscription by the defendant, to the Platte County Railroad Company. In the Circuit Court there was a judgment for the plaintiff, and the defendant has appealed the cause.
The only question necessary to be considered in the case is, whether the defendant had the legal power to make the bonds bear ten per cent,…
2Cited by2 opinions
- Gottschalk v. KlingerMissouri Court of Appeals · 1889
- City of Radford v. HethSupreme Court of Virginia · 1901