Legal Opinion

Carpenter v. Inhabitants of Lathrop

Supreme Court of Missouri

Decided February 15, 1873PublishedCited by 12 opinions

Appeal from Clinton Circuit Court. I. The evidence introduced by defendant did not tend to make out a valid defense to the suit. The rule is well established that where a municipal corporation has power under any circumstances to issue negotiable securities, a bona fide holder has the right to presume that they were issued under circumstances which gave the requisite authority.

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Appeal from Clinton Circuit Court. I. The evidence introduced by defendant did not tend to make out a valid defense to the suit. The rule is well established that where a municipal corporation has power under any circumstances to issue negotiable securities, a bona fide holder has the right to presume that they were issued under circumstances which gave the requisite authority. (Elagg vs. Palmyra, 33 Mo., MO; G-elpcke vs. City of Dubuque, 1 Wall., 203 ; 5 Wall., ?84; 48 Mo., 392; 48 Mo.', 16?.) II. The want of a special registration for the purposes of the election in this case, even if it be…

1Opinion of the CourtVories, Judge

This was a suit commenced before a justice of the peace in Clinton county. The action was founded on thirty interest coupons, for five dollars each, and purporting to be for six months interest due on the first day of January, 1871, on bonds issued or made by the town of Lathrop. The appellant recovered a judgment before the justice, from which an appeal was taken to the Clinton Circuit Court, when the plaintiff took a non-suit, and afterwards moved to set the same aside, The court overruled the motion and gave final judg*488ment for the defendant, to which rulings of the court the plaintiff at…

2Cases cited6 opinions

  1. Steines v. Franklin CountySupreme Court of Missouri · 1871
  2. Hannibal v. Marion CountySupreme Court of Missouri · 1865
  3. Flagg v. Mayor of PalmyraSupreme Court of Missouri · 1863
  4. Barrett v. County Court of SchuylerSupreme Court of Missouri · 1869
  5. Ranney v. BaederSupreme Court of Missouri · 1872

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
  2. Hawkins v. Board of SupervisorsMississippi Supreme Court · 1874
  3. George T. Smith Middlings Purifier Co. v. RembaughMissouri Court of Appeals · 1886
  4. Ranney v. BaderSupreme Court of Missouri · 1878
  5. Thornburg v. School District No. 3Supreme Court of Missouri · 1903

7 more not listed; retrieve them via the Exa API.

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