Getz v. Town of Belleair

SIBLEY, Circuit Judge.

The' appellant sued the Town of Belleair on bonds issued by it, dated July 1, 1924; and alternatively, if the bonds are held void, for money had and received in that the Town received the money for the bonds and used it in the construction of public improvements. The Town denied its authority at that date to issue the bonds or borrow any money under its charter, and denied it had received any benefit from the money paid to it for the bonds. It pleaded as an “additional defense” an adjudication made in a suit by taxpayers against the Town and the bondholders as a class,…