City of East St. Louis v. Flannigan
Appellate Court of Illinois
In error to the Circuit Court of St. Clair County; the Hon. Amos Watts, Judge, presiding. April 20, 1886, the defendant in error, Flannigan, was appointed City Treasurer of the City of East St. Louis, and on the same day executed his official bond, with his co-defendants as sureties, in the sum of §100,000, which was duly approved by the City Council.
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In error to the Circuit Court of St. Clair County; the Hon. Amos Watts, Judge, presiding. April 20, 1886, the defendant in error, Flannigan, was appointed City Treasurer of the City of East St. Louis, and on the same day executed his official bond, with his co-defendants as sureties, in the sum of §100,000, which was duly approved by the City Council. This suit is brought upon that bond by the obligee therein, the city, for the use of one W. D. Griswold, and five breaches of the condition of the bond were assigned, substantially as follows: l(For non-payment of five several city warrants…
1Opinion of the CourtPillsbuby, J.
Two principal points are made against the right of the plaintiff in error to maintain this action for the use of Griswold: First, that as the contract was entered into before the tax was actually levied, it was void as creating an indebtedness against the city when it was already indebted beyond the constitutional limit of five per cent, upon the assessment of the previous year; and second, that the bond in suit is not for the benefit of individuals but to secure the city, and as the city had discharged itself from all liability by issuing the warrants upon, this special fund it has not been…
2Cases cited5 opinions
- Law v. People ex rel. HuckIllinois Supreme Court · 1877
- City of Springfield v. EdwardsIllinois Supreme Court · 1877
- City of East St. Louis v. East St. Louis Gas Light & Coke Co.Illinois Supreme Court · 1881
- Fuller v. City of ChicagoIllinois Supreme Court · 1878
- Howell v. City of PeoriaIllinois Supreme Court · 1878
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- People of Moweaqua ex rel. Johnson v. MorganAppellate Court of Illinois · 1914
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