Legal Opinion

Commissioners of Johnson County v. Thayer

Supreme Court of the United States

Decided March 13, 1877No. 807PublishedCited by 26 opinions

Error to the Circuit Court of the United States for the District of Kansas. This action was commenced by Nathaniel Thayer, F. W. Palfrey, and George W. Weld, to recover the amount due upon interest coupons attached to certain bonds, originally issued, to the amount of $100,000, by the county of Johnson, in the State of Kansas, to the Kansas and Neosho Valley Railroad Company, in payment of a subscription of like amount made by it to the capital stock of that company.

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Error to the Circuit Court of the United States for the District of Kansas. This action was commenced by Nathaniel Thayer, F. W. Palfrey, and George W. Weld, to recover the amount due upon interest coupons attached to certain bonds, originally issued, to the amount of $100,000, by the county of Johnson, in the State of Kansas, to the Kansas and Neosho Valley Railroad Company, in payment of a subscription of like amount made by it to the capital stock of that company. The bonds and coupons, although varying in amounts and in the dates of payment of the several coupons, are in the same form.…

1Opinion of the CourtJustice Hunt

The recovery by Thayer and others of the amount of the coupons sued upon is challenged upon various grounds.. 1. It is contended that no authority to subscribe for the bonds was conferred by the vote of Nov. 7,1865, for the reason that no particular railroad was referred to in the vote on that occasion. The question was submitted to the voters of Johnson County, in the form of an inquiry, whether the commissioners should be authorized to subscribe capital stock to the amount of $100,000, to aid in the construction of a railroad commencing at or near the Union Depot, on the south side of and…

2Cases cited5 opinions

  1. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  2. The City Bank of Columbus v. . Bruce and FoxNew York Court of Appeals · 1858
  3. Lewis v. Commissioners of Bourbon Co.Supreme Court of Kansas · 1873
  4. County of Callaway v. FosterSupreme Court of the United States · 1876
  5. Genet v. DavenportNew York Court of Appeals · 1875

3Cited by26 opinions

  1. Knox County v. Ninth National BankSupreme Court of the United States · 1893
  2. Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
  3. Block v. CommissionersSupreme Court of the United States · 1879
  4. LaSalle National Bank v. Duff & Phelps Credit Rating Co.District Court, S.D. New York · 1996
  5. O'Connor v. ChiascioneSupreme Court of Connecticut · 1943

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