Bridgford v. City of Tuscumbia
United States Circuit Court
This suit is brought on three promissory notes purporting to have been given by the city of Tusoumbia, and signed by J. J. Davis, mayor, and J. H. Simpson, secretary, with the seal of the city attached; all dated August 28, 1877, each for $750, with 6 per cent, interest from date, payable, respectively, in 18, 30, and 42 months after date, for a No. 3 chemical fire-extinguisher engine.
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This suit is brought on three promissory notes purporting to have been given by the city of Tusoumbia, and signed by J. J. Davis, mayor, and J. H. Simpson, secretary, with the seal of the city attached; all dated August 28, 1877, each for $750, with 6 per cent, interest from date, payable, respectively, in 18, 30, and 42 months after date, for a No. 3 chemical fire-extinguisher engine. The defense is — (1) Non est factum; (2) that the city of Tuscumbia never purchased the engine for which the notes purport to have been given; (3) that the consideration of the said notes failed, the said…
1Opinion of the CourtPardee, J.
The argument in this case has taken a wide range, —much wider than is necessary for the decision of this case. There can be no doubt at all, under the facts in this case, that the mayor and board of aldermen of the city of Tuscumbia purchased the engine, and incurred the several obligations to pay the same, for and on account of the city of Tuscumbia. They had the authority to make the purchase. Mayor, etc., of Birmingham v. Rumsey, 63 Ala. 353; 1 Dill. Mun. Corp. §§ 93, 94, pp. 210, 211. See Charter, Acts Ala. Sess. 1865-6, p. 191. As they had the authority to make the purchase, they, of…
2Cases cited6 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Trist v. ChildSupreme Court of the United States · 1875
- Perryman v. City of GreenvilleSupreme Court of Alabama · 1874
- San Antonio v. LewisTexas Supreme Court · 1852
- Trustees of St. Mary's Church v. CaggerNew York Supreme Court · 1849
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3Cited by6 opinions
- Board of Commissioners v. StoneWyoming Supreme Court · 1898
- Rondot v. Rogers Tp.Court of Appeals for the Sixth Circuit · 1900
- Town of Graham v. Karpark Corp.Court of Appeals for the Fourth Circuit · 1952
- Ramsey v. City of KissimmeeSupreme Court of Florida · 1933
- Bethune v. City of Mountain BrookSupreme Court of Alabama · 1976
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