Dodge v. City of Memphis
U.S. Circuit Court for the District of Eastern Missouri
At Law. Action by James B. Dodge against the city of Memphis, Mo., on certain municipal bonds. Heard on demurrer to the plea.
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At Law. Action by James B. Dodge against the city of Memphis, Mo., on certain municipal bonds. Heard on demurrer to the plea. The contract of subscription in the case at bar was valid, and expressly authorized, and the bonds were not wholly void, but valid, except as to their commercial quality, in which case the contract will be enforced in so far as it is valid, and the provision in the contract of subscription to pay in bonds will be held, in effect, a contract to pay in money at the time and under the conditions imposed in the order of subscription. Gelpcke v. Dubuque, 1 Wall. 222;…
1Opinion of the Court
Thayer, District Judge.
The petition contains three counts. The first count alleges that in February, 1871, the town of Memphis, Scotland county, Mo., subscribed for $30,000 of the capital.stock of the Missouri, Iowa & Nebraska Railway Company,, pursuant to power conferred by an act of the general assembly of Missouri, approved February 9, 1857, to incorporate the Alexandria & Bloomfield Railroad Company; that such subscription was authorized by a majority vote of the people of the town of Memphis, at an election held for that purpose; that as an evidence of such subscription coupon bonds to…
2Cases cited5 opinions
- Mayor v. RaySupreme Court of the United States · 1874
- Merrill v. MonticelloSupreme Court of the United States · 1891
- Wall v. County of MonroeSupreme Court of the United States · 1881
- Hill v. MemphisSupreme Court of the United States · 1890
- Little Rock v. National BankSupreme Court of the United States · 1878
3Cited by3 opinions
- Moore v. City of NampaCourt of Appeals for the Ninth Circuit · 1927
- Braddock Glass Co. v. MacbethCourt of Appeals for the Third Circuit · 1894
- German Ins. Co. of Freeport v. City of ManningU.S. Circuit Court for the Southern District of Iowa · 1899