Montclair v. Ramsdell
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of New Jersey. The judgment below was in accordance with the verdict in an action brought by the defendant in error on certain bonds, payable to Samuel Holmes or bearer, and on coupons thereof payable to the holder, all dated March 17, 1870, and alleged to have been issued by the township of Montclair, Essex County, New Jersey.
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Error to the Circuit Court of the United States for the District of New Jersey. The judgment below was in accordance with the verdict in an action brought by the defendant in error on certain bonds, payable to Samuel Holmes or bearer, and on coupons thereof payable to the holder, all dated March 17, 1870, and alleged to have been issued by the township of Montclair, Essex County, New Jersey. They are negotiable in form, and purport to have been executed in pursuance of an act approved April 9, 1868, entitled-“An Act to authorize certain townships, towns, and cities to issue bonds, and to take…
1Opinion of the CourtJustice Harlan
In behalf of the township of Montclair it is contended that the bonds and coupons in suit were executed and issued without legislative authority, and, consequently, are not enforceable. This proposition, being fundamental in the case, will be first considered.
It has been observed that the first- section of the act of April • 9, 1868, — the one referred to in the bonds, — expressly excepts from its operation the township of Bloomfield. The Circuit Court was of opinion, and so ruled, that Montclair,’ upon being set off from Bloomfield Township, and made a separate municipal corporation, with…
2Cases cited5 opinions
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