City of Memphis v. Brown
Supreme Court of the United States
Appeal from the Circuit Court-for'the Western District of Tennessee; the case, as appeared'from a master’s report, and otherwise, having .been thus: By a-general incorporation act of the State of Tennessee, all cities.of the State have full power to provide for tlie paving of streets, alleys, and sidewalks.* T,he charter of. the 'city of Memphis, in the State just named, euacts that “the board of mayor and aldermen shall bave power-to injprove, preserve, and keep in good…
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Appeal from the Circuit Court-for'the Western District of Tennessee; the case, as appeared'from a master’s report, and otherwise, having .been thus: By a-general incorporation act of the State of Tennessee, all cities.of the State have full power to provide for tlie paving of streets, alleys, and sidewalks.* T,he charter of. the 'city of Memphis, in the State just named, euacts that “the board of mayor and aldermen shall bave power-to injprove, preserve, and keep in good repair the streets, sidewalks, public landings and squares of the city.”* It.enacts also,† that the city may require…
1Opinion of the CourtJustice Hunt
I. The first’ three assignments of error are based.-‘upon a •single idea, to wit, that there was error in decreeing that Brown & Co. could discharge themselves from theiiiobligation to return the bonds loaned to them by paying their market value; that the same error existed in.regar^ io the bonds overpaid them on the bond' contracts, and alsp.au relation to the bonds paid to them on the cash contracts,.
As to each class it is insisted that the bonds ip Specie should have been returned or their nominal fapfeTvalue allowed to the city. , The'loan was of 240 bonds of $1000 each. At the time of…
2Cases cited7 opinions
- Story v. LivingstonSupreme Court of the United States · 1839
- Field v. HollandSupreme Court of the United States · 1810
- Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
- Griffith v. BurdenSupreme Court of Iowa · 1872
- Wheeler v. NewbouldThe Superior Court of New York City · 1855
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3Cited by57 opinions
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
- McCreery v. . DayNew York Court of Appeals · 1890
- Arrowood v. McMinn CountyTennessee Supreme Court · 1938
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- City of Lowell v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1943
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