Kunkle v. Town of Franklin
Supreme Court of Minnesota
This action was brought in the District Court for Wright County. The complaint avers that plaintiff, in September, 1864, enlisted in the military service of the United States to’ and for the credit of said town, and was mustered in in September. • That before enlisting the Supervisors of the town agreed with the plaintiff that if he would so enlist they would issue to him a bounty or war bond of the town for $300, payable in two years.
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This action was brought in the District Court for Wright County. The complaint avers that plaintiff, in September, 1864, enlisted in the military service of the United States to’ and for the credit of said town, and was mustered in in September. • That before enlisting the Supervisors of the town agreed with the plaintiff that if he would so enlist they would issue to him a bounty or war bond of the town for $300, payable in two years. That in consideration of such promise plaintiff so enlisted, and the Supervisors, in pursuance of the agreement, issued to him the scrip or bond, which is set…
1Opinion of the Court
Wilson, Ch. J.
By the Gov/rt At the date of this bond towns were by law allowed to pay a bounty to soldiers, but not to bind themselves for its payment in this manner. This bond was issued in 1864. In 1865 the Legislature, so far as it had the power to do so, legalized and made valid such town obligations. The question presented by this case is whether this was within its power. Although this question is not free from doubt and embarrassment, we think it must be answered in the affirmative. It is true, as said by ITr. Chancellor Kent, that a retrospective statute, affecting and changing vested…
2Cases cited8 opinions
- City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
- Booth v. Town of WoodburySupreme Court of Connecticut · 1864
- Grinder v. NelsonCourt of Appeals of Maryland · 1850
- Welch v. WadsworthSupreme Court of Connecticut · 1861
- Schofield v. WatkinsIllinois Supreme Court · 1859
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3Cited by3 opinions
- Tilton v. SwiftSupreme Court of Iowa · 1874
- Heinszen v. United StatesUnited States Court of Claims · 1907
- Shuttuck v. SmithNorth Dakota Supreme Court · 1896