Legal Opinion

Barrett v. County Court of Schuyler

Supreme Court of Missouri

Decided March 15, 1869PublishedCited by 7 opinions

Petition for mandamus. I. The bonds sued on are negotiable. (2 Pars, on Bills and Notes, 34 and notes ; Craig v. City of Yicksburg, 31 Miss. 216, 221, 247 ; 1 Wall. 95 ; 2 Wall. 110-122.) II.

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Petition for mandamus. I. The bonds sued on are negotiable. (2 Pars, on Bills and Notes, 34 and notes ; Craig v. City of Yicksburg, 31 Miss. 216, 221, 247 ; 1 Wall. 95 ; 2 Wall. 110-122.) II. Having issued such securities, it is too late now, even as against the railroad company, much more a “ bona fide holder thereof,” for the county to set up any defense based upon conditions precedent to subscription, or conditions in subscription; and the county, by issue of its bonds, is estopped from denying that power was properly executed. (33 Mo. 440-450; 36 Mo. 294; 3 Wall. 654; 4 Wall 271, 274^5 ;…

1Opinion of the CourtCourier, Judge

The agreed statement of facts filed in this cause shows that the county of Schuyler, in the month of December, 1854, or the following January, acting through its duly appointed agent, subscribed for five hundred shares of the capital stock of the North Missouri Railroad Company, amounting to $50,000. This subscription was delivered to the officers of the company, and duly placed on file. It was subject to the following conditions, recited in the order of the County Court authorizing the subscription to be made, to-wit: “ Provided said railroad is located on ornear the present survey, and in…

2Cases cited4 opinions

  1. Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
  2. Moran v. the Commissioners of Miami CountySupreme Court of the United States · 1863
  3. Hannibal v. Marion CountySupreme Court of Missouri · 1865
  4. Flagg v. Mayor of PalmyraSupreme Court of Missouri · 1863

3Cited by7 opinions

  1. Steines v. Franklin CountySupreme Court of Missouri · 1871
  2. Belo v. Commissioners of Forsythe CountySupreme Court of North Carolina · 1877
  3. Carpenter v. Inhabitants of LathropSupreme Court of Missouri · 1873
  4. Brown v. Bon Homme CountySouth Dakota Supreme Court · 1890
  5. Chase National Bank v. . FaurotNew York Court of Appeals · 1896

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