Legal Opinion
Clarke v. Town of Northampton
Court of Appeals for the Second Circuit
Decided January 8, 1903No. 7PublishedCited by 3 opinions
In Error to the Circuit Court of the United States for the Northern District of New York.
1Opinion of the Court
WAEEACE, Circuit Judge.
We agree with the opinion of the court below that the bonds in suit are void because created without any authority by the officers who issued them to represent the town of Northampton, and that the long-continued payment of interest upon the bonds by the town did not validate them by ratification or estoppel. That the bonds were created without any authority is conclusively settled by the decision in Rich v. Mentz, 134 U. S. 632, 10 Sup., Ct. 610, 33 L. Ed. 1074. In answering in that case the first and second questions certified by the court by the judges of the Circuit…
2Cases cited4 opinions
- Parkersburg v. BrownSupreme Court of the United States · 1883
- Katzenberger v. AberdeenSupreme Court of the United States · 1887
- Rich v. Mentz TownshipSupreme Court of the United States · 1890
- Cowdrey v. Town of CaneadeaU.S. Circuit Court for the District of Northern New York · 1883
3Cited by3 opinions
- Hornblower v. City of PierreDistrict Court, D. South Dakota · 1916
- Town of Aurora v. HaydenColorado Court of Appeals · 1912
- Town of Aurora v. HaydenColorado Court of Appeals · 1912