Faulkenstein Township v. Fitch
Court of Appeals of Kansas
Memorandum. — Error from Stanton district court; Wm. Easton Hutchinson, judge. Action brought by Thomas G. Eitch, Frederick L. Fitch, and Sherman K. Fitch, partners as Fitch Bros. No. 3, against Faulkenstein Township, Stanton county, Kansas, to recover on certain interest coupons on bonds purporting to have been issued by said township. Judgment for plaintiffs, and defendant brings the case here.
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Memorandum. — Error from Stanton district court; Wm. Easton Hutchinson, judge. Action brought by Thomas G. Eitch, Frederick L. Fitch, and Sherman K. Fitch, partners as Fitch Bros. No. 3, against Faulkenstein Township, Stanton county, Kansas, to recover on certain interest coupons on bonds purporting to have been issued by said township. Judgment for plaintiffs, and defendant brings the case here. The statement of the case, as made by Dennison, J., is as follows : This is an action brought in the district court of Stanton county, Kansas, by Thomas G. Fitch, Frederick L. Fitch, and Sherman K.…
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
In the determination of this case there seem to us to be two questions that present themselves for our consideration : (1) Do the records disclose such a state of facts as entitle a bona fide holder of the bonds to recover thereon? (2) Is the township estopped from defending against the bonds by reason of the recitals contained in the bonds?
The defendants in error introduced in evidence the contents of pages 81, 82 and 83 of the record, which were copied from a typewritten paper brought to the meeting held at the cleric’s house on the 7th…
2Cases cited3 opinions
- Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
- Lewis v. Commissioners of Bourbon Co.Supreme Court of Kansas · 1873
- State ex rel. Robb v. Board of CommissionersSupreme Court of Kansas · 1888
3Cited by4 opinions
- Fitch v. Stanton Tp.Court of Appeals for the Eighth Circuit · 1911
- State Ex Rel. West, Atty. Gen. v. City of SapulpaSupreme Court of Oklahoma · 1916
- Brown v. Ingalls Tp.Court of Appeals for the Eighth Circuit · 1898
- Brown v. Ingalls Tp.U.S. Circuit Court for the District of Kansas · 1897