Schmid v. Village of Frankfort
Michigan Supreme Court
Error to Benzie; Chittenden, J. Assumpsit by Frederick Schmid, surviving partner of the firm of Mack & Schmid, against the village of Frankfort, upon municipal bonds. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
1Opinion of the CourtHooker, C. J.
The plaintiffs brought an action for interest due upon municipal bonds. The defense was: (1) That the bonds had never been delivered by the municipality; and (2) that the plaintiffs were not bona fide purchasers. The case was tried by a jury, and the court directed a verdict for the defendant.
It is admitted that the bonds were illegal and void, because they were delivered to one Seeley in pursuance of a contract to aid a private enterprise, if they were delivered at all. At the same time they were valid upon their face, reciting that they were made and issued for a lawful purpose. There can…
2Cases cited4 opinions
- Thompson v. Village of MecostaMichigan Supreme Court · 1901
- Common Council v. SchlichMichigan Supreme Court · 1890
- Portsmouth Savings Bank v. Village of AshleyMichigan Supreme Court · 1892
- Gibbs v. School-District No. TenMichigan Supreme Court · 1891
3Cited by10 opinions
- Bates v. City of HastingsMichigan Supreme Court · 1906
- Attorney General ex rel. Brotherton v. Common CouncilMichigan Supreme Court · 1907
- Bloomfield Village Drain Dist. v. KeefeCourt of Appeals for the Sixth Circuit · 1941
- Tustin Elevator & Lumber Co. v. RynoMichigan Supreme Court · 1964
- Schmid v. Village of FrankfortMichigan Supreme Court · 1905
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