Reiger v. Commissioners of the town of Beaufort
Supreme Court of North Carolina
Civil actiou, to recover a bond issued bj the corporation, commenced in a Justice’s Court, and carried by appeal to the Superior Court of Carteret county, from whence it was removed to the Superior Court of WaKe, when it was tried at Spring Term, 1873, before Albertson^ Jupon the following CASE AGREED : The bond upon which the suit is brought, was given by the Commissioners of the town of Beaufort to C. R. Thomas, President of the Beaufort Steam Perry Boat Company, under the…
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Civil actiou, to recover a bond issued bj the corporation, commenced in a Justice’s Court, and carried by appeal to the Superior Court of Carteret county, from whence it was removed to the Superior Court of WaKe, when it was tried at Spring Term, 1873, before Albertson^ Jupon the following CASE AGREED : The bond upon which the suit is brought, was given by the Commissioners of the town of Beaufort to C. R. Thomas, President of the Beaufort Steam Perry Boat Company, under the authority granted by the provisions of the act of 1858-59, incorporating said company. Section 5 of that act reads: “…
1Opinion of the CourtPeaRSON, C. J.
The plaintiff is a Iona fide holder ox a bond issued by the Commissioners of the town of Beaufort. The £* case agreed ” sets out no fact upon which a recovery can be resisted.
The town issued its bonds, received the value thereof in stock of the Company, and the town cannot, as against a bona *321fide bolder of oné of its bonds, be beard to allege that tbe bond is void, by reason of the fact that the consent of the voters of the town had not been duly ascertained.
Indeed, we incline to the opinion, that the construction contended for, to wit: there must be a majority of all the voters of said town…
2Cited by7 opinions
- Norment v. . City of CharlotteSupreme Court of North Carolina · 1881
- Chester & Lenoir Narrow Gauge Railroad v. Commissioners of Caldwell CountySupreme Court of North Carolina · 1875
- Clark v. Statesville.Supreme Court of North Carolina · 1905
- McDowell v. . the Construction Co.Supreme Court of North Carolina · 1887
- McDowell v. Massachusetts & Southern Construction Co.Supreme Court of North Carolina · 1887
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