Town of Monticello v. Cohn & Kuhn
Supreme Court of Arkansas
APPEAL from Drew Circuit Court. Hon. J. M. Bradley, Judge. The bond was for more than simply a covenant to pay money. It comes clearly within sec. 6400, Mansf. Dig. Appellees are estopped from denying the validity of the ordinance under which their principal had enjoyed the full benefit of his contract. Helena v. lamer, 36 Ark., 582; Parsons on Gont., Vol. 2, p. 3; Bigelow on Estoppel, 327, 384, 446i 4®7; Dillon on Man. Gorp., 435, and note.
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APPEAL from Drew Circuit Court. Hon. J. M. Bradley, Judge. The bond was for more than simply a covenant to pay money. It comes clearly within sec. 6400, Mansf. Dig. Appellees are estopped from denying the validity of the ordinance under which their principal had enjoyed the full benefit of his contract. Helena v. lamer, 36 Ark., 582; Parsons on Gont., Vol. 2, p. 3; Bigelow on Estoppel, 327, 384, 446i 4®7; Dillon on Man. Gorp., 435, and note. The ordinance was void, being one to raise revenue. 34 Ark., 60S; 30 ib., 435; 33 ib., 497. This was a bond for the payment of money simply, and the…
1Opinion of the CourtSmith, J.
The incorporated town of Monticello sued A Moss and his sureties before a justice of the peace to recover a balance of $83.83 due on the following bond : We, J. R. Moss, as principal, and John Hussey & Co. and Cohn & Kuhn, as his securities, are indebted to the corporation of Monticello in the sum of five hundred dollars lawful money, conditioned-that J. R. Moss has this day been awarded the privilege of public weigher for the town of Monticello for the year ending June 1, 1884, at the sum cf two hundred and fifty dollars, payable as stipulated in his contract of this date with said…
2Cases cited3 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Parish v. . WheelerNew York Court of Appeals · 1860
- Poock v. Lafayette Building Ass'nIndiana Supreme Court · 1880
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- Hall v. Equitable Surety Co.Supreme Court of Arkansas · 1917
- City of Spokane v. CostelloWashington Supreme Court · 1910