Citizens' Bank of Des Moines v. City of Spencer
Supreme Court of Iowa
Appeal from, Olay Dvslncl (Jouri.— IIon. A. 1). Bailee, Judge. ' Action at law to recover the amount of certain assessment certificates for a sewer constructed in the defendant city on the theory that these assessment certificates were declared invalid, and the city is liable to the contractor doing’ the work, or to his assignee, for the amount thereof. Several defenses were interposed by tire city, to some of which we shall refer during the course of the opinion.
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Appeal from, Olay Dvslncl (Jouri.— IIon. A. 1). Bailee, Judge. ' Action at law to recover the amount of certain assessment certificates for a sewer constructed in the defendant city on the theory that these assessment certificates were declared invalid, and the city is liable to the contractor doing’ the work, or to his assignee, for the amount thereof. Several defenses were interposed by tire city, to some of which we shall refer during the course of the opinion. The trial court rendered judgment for the plaintiff, and the defendant appeals.—
1Opinion of the Court
Deemer, C. J.—
On October 22, 1892, the city council of the defendant city undertook to pass an ordinance for the construction- of sewers and to assess the cost thereof against abutting property. Pursuant thereto a contract was entered into with one Likes for the construction of the sewer. January 20, 1893, the city council accepted the work, and assessed the cost thereof against abutting and adjoining property, and caused assessment certificates to be delivered to the contractor pursuant to its contract with him to the effect that he should receive the same in' full payment for his work in…
2Cases cited21 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- McPherson v. Foster Bros.Supreme Court of Iowa · 1876
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3Cited by20 opinions
- Miller v. Marshall CountySupreme Court of Iowa · 2002
- Johnson County Savings Bank v. City of CrestonSupreme Court of Iowa · 1930
- MADRID LUMBER COMPANY v. Boone CountySupreme Court of Iowa · 1963
- Horrabin Paving Co. v. City of CrestonSupreme Court of Iowa · 1935
- City of Nebraska City v. Nebraska City Speed & Fair Ass'nNebraska Supreme Court · 1922
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