Legal Opinion

Talcott v. Pine Grove

U.S. Circuit Court for the District of Western Michigan

Decided January 16, 1872PublishedCited by 4 opinions

In 1869, the legislature of Michigan passed an act to enable any township, city or village to pledge its aid by loan or donation, to any railroad company, as specified in said act. Laws 1869, p. 89. Under this act, certain bonds were issued in aid of the Kalamazoo & South Haven Bailroad Company, by the township of Pine Grove, in the county of Van Burén, Western district of Michigan.

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In 1869, the legislature of Michigan passed an act to enable any township, city or village to pledge its aid by loan or donation, to any railroad company, as specified in said act. Laws 1869, p. 89. Under this act, certain bonds were issued in aid of the Kalamazoo & South Haven Bailroad Company, by the township of Pine Grove, in the county of Van Burén, Western district of Michigan. An action was brought to recover the amount due on certain of these bonds and on coupons for interest by [Edward B. Tal-cott,] a citizen of another state, in the United States circuit court for that district. And…

1Opinion of the Court

EMMONS, Circuit Judge.

This is an fiction upon bonds.issued by the.township of Pine Grove, under an act authorizing municipalities to aid corporations in the construction of railroads. They were issued in full compliance -with the statute. The railroad is in successful operation, and the people of Pine Grove have reaped the benefits for ■which they pledged their credit. Full consideration for the bonds has been paid by Taleott in reliance upon what he deemed well settled rules of law affirming their validity.

Natural justice requires that these bonds should -be paid. If, however, there is a…

2Cases cited106 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
  3. People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
  4. Sears v. CottrellMichigan Supreme Court · 1858
  5. People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860

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3Cited by4 opinions

  1. State Ex Rel. Nuveen v. GreerSupreme Court of Florida · 1924
  2. Columbia Ry., Gas & Electric Co. v. State of South CarolinaCourt of Appeals for the Fourth Circuit · 1928
  3. State ex rel. Cunningham v. JackU.S. Circuit Court for the District of South Carolina · 1902
  4. State Ex Rel. Nuveen v. GreerSupreme Court of Florida · 1924

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