Ætna Life Insurance v. Board of Com'rs
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. On July 20, 1897, the ¿Etna Life Insurance Company, a corporation, brought this action upon coupons, some of which were cut from 20 bonds dated May 7, 1877, and others from 40 bonds dated May 16, 1888. The plaintiff alleged in its petition that these bonds and coupons had been issued by the defendant, the board of county commissioners of the county of Hamilton, state of Kansas; that the plaintiff…
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In Error to the Circuit Court of the United States for the District of Kansas. On July 20, 1897, the ¿Etna Life Insurance Company, a corporation, brought this action upon coupons, some of which were cut from 20 bonds dated May 7, 1877, and others from 40 bonds dated May 16, 1888. The plaintiff alleged in its petition that these bonds and coupons had been issued by the defendant, the board of county commissioners of the county of Hamilton, state of Kansas; that the plaintiff had purchased them for value, before maturity; that the coupons in suit were overdue;- that demand of payment had been…
1Opinion of the CourtSanborn, Circuit Judge
The defenses interposed and the issues raised in this case are identical with those presented in the former action, in which judgment was rendered for the defendant upon coupons cut from the same bonds as were those in this suit. The only new allegation in this action is that the plaintiff was induced to buy the bonds and coupons by the certificate of the county clerk that the indebtedness of the county, including that evidenced by the bonds in question, did not exceed $8o,ooo; and this averment is immaterial, because the county clerk had no statutory or other authority to make such a…
2Cases cited17 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Russell v. PlaceSupreme Court of the United States · 1877
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920
- Union Cent. Life Ins. v. DrakeCourt of Appeals for the Eighth Circuit · 1914
- United States Min. Co. v. DawsonCourt of Appeals for the Eighth Circuit · 1904
- Williams v. DaiseySuperior Court of Delaware · 1935
9 more not listed; retrieve them via the Exa API.