St. Joseph Township v. Rogers
Supreme Court of the United States
Error to the Circuit Court for the Southern District of Illinois. Rogers brought , assumpsit in the court below against Sfc Joseph Township, Champagne County, Illinois, to recover interest on certain railroad bonds alleged to have been issued by said township. The township set up that the bonds were not properly issued, and void.
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Error to the Circuit Court for the Southern District of Illinois. Rogers brought , assumpsit in the court below against Sfc Joseph Township, Champagne County, Illinois, to recover interest on certain railroad bonds alleged to have been issued by said township. The township set up that the bonds were not properly issued, and void. The case was thus: On the 28th of February, 1867, the legislature of Illinois passed “ an act to amend the articles of association of the Dan-ville, Urbana, Bloomington, and Pekin Railroad Company, and to extend the powers of and confer a charter upon the same.” In…
1Opinion of the CourtJustice Clifford
Bonds, payable to bearer, issued by a municipal corporation to aid in the construction of a railroad, if issued in pursuance of a power conferred by the legislature, are valid commercial instruments; but if issued by such a corporation which possessed no power from the legislature to grant such aid, they are invalid, even in the hands of innocent holders.
Such a power is frequently conferred, to be exercised in a special manner, or subject to certain regulations, conditions, or qualifications, but if it appears that the bonds issued-show by their recitals that the power was exercised in the…
2Cases cited1 opinion
- Watson v. MercerSupreme Court of the United States · 1834
3Cited by69 opinions
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Carroll County v. SmithSupreme Court of the United States · 1884
- Town of Coloma v. EavesSupreme Court of the United States · 1876
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- Chemical Bank v. Washington Public Power Supply SystemWashington Supreme Court · 1984
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