Horner v. Rowley
Supreme Court of Iowa
Appeal from Decatur Circuit Court. Action upon a promissory note. The note was executed and delivered to the plaintiff, who was treasurer of the incorporated town of Davis City. The consideration .of the note was a license to sell wine and beer within the limits of said town. The defense was that there was no ordinance of the town in force authorizing-the issuance of such license.
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Appeal from Decatur Circuit Court. Action upon a promissory note. The note was executed and delivered to the plaintiff, who was treasurer of the incorporated town of Davis City. The consideration .of the note was a license to sell wine and beer within the limits of said town. The defense was that there was no ordinance of the town in force authorizing-the issuance of such license. There was a trial to the court, and it was found that there was no valid ordinance, and that the note was, therefore, without consideration. A judgment was rendered for the defendants. Plaintiff appeals.
1Opinion of the Court
Rothrock^ -J.
1. municipal KStloni. town?síspenSion of rules. — I. It appears from tbe record of the case that at a meeting of the council of the incorporated town held on th 15th day of November, 1877, there were present the mayor, the recorder and four trustees, An ordinance for licensing the sale of native wine -, . -, „ ,, ... and beer was read before the council, and a motion was offered that the council dispense with the second and third readings of the ordinance. The four trustees voted in the affirmative on said motion. No votes were offered in the negative. The mayor decided the…
2Cited by9 opinions
- Simmons v. HOLMOregon Supreme Court · 1961
- Swindell v. State ex rel. MaxeyIndiana Supreme Court · 1895
- Hatfield v. MeersMissouri Court of Appeals · 1966
- Griffin v. MessengerSupreme Court of Iowa · 1901
- Cass County Bank v. WeberSupreme Court of Iowa · 1891
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