Eaton v. Shiawassee County
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. Action by Hugh McCurdy Eaton against the County of Shiawassee. Judgment for defendant, and plaintiff brings error. In 1903 the county of Shiawassee, Mich., needed a new courthouse, and the voters of the county, at an election duly held, authorized the board of supervisors to issue county bonds and borrow $T5,000 for that purpose.
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In Error to the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. Action by Hugh McCurdy Eaton against the County of Shiawassee. Judgment for defendant, and plaintiff brings error. In 1903 the county of Shiawassee, Mich., needed a new courthouse, and the voters of the county, at an election duly held, authorized the board of supervisors to issue county bonds and borrow $T5,000 for that purpose. This was done, the contract let, and the courthouse built; the construction running over a period of two years. By reason of additions and changes…
1Opinion of the Court
DENISON, Circuit Judge.
1. If it is assumed that the entire $30,-000 borrowed is sufficiently traced to an investment in the courthouse building, we meet the question whether it is possible for the lender to recover his money upon the theory of an implied liability or quasi contract or equitable liability, or whatever it may be called, when he cannot recover upon the contract which he actually made, because that contract was forbidden by law. Plaintiff concedes there could be no recovery on the contract. His position is that where a municipal corporation has received plaintiff’s money and…
2Cases cited21 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Hedges v. Dixon CountySupreme Court of the United States · 1893
- Parkersburg v. BrownSupreme Court of the United States · 1883
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
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3Cited by6 opinions
- Johnson County Savings Bank v. City of CrestonSupreme Court of Iowa · 1930
- Oak Grove Const. Co. v. Jefferson CountyCourt of Appeals for the Sixth Circuit · 1915
- Bank of Erin v. Houston CountyCourt of Appeals of Tennessee · 1928
- Stark County v. City of DickinsonNorth Dakota Supreme Court · 1928
- Hoffman v. City of MuscatineSupreme Court of Iowa · 1930
1 more not listed; retrieve them via the Exa API.