Knott County v. Aid Ass'n for Lutherans, No. 9571.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtALLEN, HAMILTON, and McALLISTER, Circuit
Citation140 F.2d 630
PartiesKNOTT COUNTY v. AID ASS'N FOR LUTHERANS.
Docket NumberNo. 9571.
Decision Date24 January 1944

140 F.2d 630 (1944)

KNOTT COUNTY
v.
AID ASS'N FOR LUTHERANS.

No. 9571.

Circuit Court of Appeals, Sixth Circuit.

January 24, 1944.


140 F.2d 631

D. Hollender Hall, of Hindman, Ky. (Carl D. Perkins and D. Hollender Hall, both of Hindman, Ky., on the brief), for appellant.

Alfred Holman, of Cincinnati, Ohio, for appellee.

Before ALLEN, HAMILTON, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

This appeal is from a judgment of the district court, holding certain bonds issued by Knott County, Kentucky, to be valid, and sustaining claim to past-due interest thereon. It is contended by appellant county that the bonds were illegally issued and were, therefore, void. On this point, the district court held that appellant was estopped from asserting illegality, because of certain recitals set forth in the bonds.

In September, 1930, appellee bought in the open market, in good faith for value and without notice of any defect or infirmity therein, ten funding bonds, of the denomination of $1,000 each, aggregating the principal amount of $10,000, issued by the above-mentioned county. The bonds bore interest at the rate of 6% per annum, payable semi-annually, evidenced by interest coupons thereto attached. They were duly executed and delivered by the Fiscal Court of the county and bore the signature of the presiding judge of the Fiscal Court, countersigned by the county clerk. Each bond bore upon its face the following recital:

"This bond is one of a series of fifty (50) bonds of like tenor and effect except as to maturity, numbered from one (1) to fifty (50) both inclusive, all in the denomination of $1,000 each, aggregating $50,000 in amount, issued for the purpose of funding a like amount of outstanding indebtedness of Knott County, Ky., heretofore legally contracted by said County for the construction, repair and maintenance of the public roads and bridges and the public buildings in the County, under the authority of, pursuant to and in full compliance with the Constitution and Laws of the Commonwealth, particularly Sections 157, 158 and 159 of the Constitution, and Sections 1857, 1858 and 1859 of Carroll's Kentucky Statutes of 1922, and pursuant to the proceedings duly had by the Fiscal Court of Knott County in the premises.

"It is hereby certified and recited that all acts, conditions and things necessary to be done precedent to and in the issuance of this bond in order to make it a legal, valid and binding obligation of said County, have been done, have happened and been performed in regular and due form, time and manner as required by law; that the full faith, credit and revenues of said County are hereby irrevocably pledged for the prompt payment of principal and interest hereof at maturity; that no limitation of indebtedness or taxation, either...

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4 practice notes
  • City of Erlanger v. Berkemeyer, No. 11656.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 15 Septiembre 1953
    ...Education, 6 Cir., 78 F.2d 114; Pulaski County, Ky. v. Eichstaedt, 6 Cir., 110 F.2d 79; Knott County v. Aid Ass'n for Lutherans, 6 Cir., 140 F.2d 630. These cases involved bonds issued prior to the enactment in 1934 of § 1649c-1, Carroll's Ky. Statutes, now § 422.140, Ky. Revised Statutes, ......
  • Shaffer v. WOLFE COUNTY, KY., No. 72.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Eastern District of Kentucky
    • 12 Diciembre 1946
    ...1937, 87 F.2d 786; Pulaski County v. Eichstaedt, 6 Cir., 1940, 110 F.2d 79; Knott County v. Aid Association for Lutherans, 6 Cir., 1944, 140 F.2d 630. Neither the diligence of counsel nor our own research has disclosed any adjudication by the Kentucky Court of Appeals prior to the issuance ......
  • Stutsman v. Arthur, No. 6895.
    • United States
    • United States State Supreme Court of North Dakota
    • 12 Diciembre 1944
    ...See also, Presidio County v. Noel-Young Bond Co., 212 U.S. 58, 29 S.Ct. 237, 53 L.Ed. 402;Knott County v. Aid Ass'n for Lutherans, 6 Cir., 140 F.2d 630. The City of Mandan, under the provisions of Ch. 196, Sess.Laws N.D.1927, as amended by Ch. 170, Sess.Laws N.D.1929, had authority to issue......
  • Morrison v. City of Detroit, No. 9597.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 31 Enero 1944
    ...approaching the intersection. At the time he made his observation, plaintiff was about 54 feet east of the center of the intersection, or 140 F.2d 630 33 feet from the street line of the intersecting street. Defendant was 150 feet north of the intersection. Plaintiff continued on, without s......
4 cases
  • City of Erlanger v. Berkemeyer, No. 11656.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 15 Septiembre 1953
    ...Education, 6 Cir., 78 F.2d 114; Pulaski County, Ky. v. Eichstaedt, 6 Cir., 110 F.2d 79; Knott County v. Aid Ass'n for Lutherans, 6 Cir., 140 F.2d 630. These cases involved bonds issued prior to the enactment in 1934 of § 1649c-1, Carroll's Ky. Statutes, now § 422.140, Ky. Revised Statutes, ......
  • Shaffer v. WOLFE COUNTY, KY., No. 72.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Eastern District of Kentucky
    • 12 Diciembre 1946
    ...1937, 87 F.2d 786; Pulaski County v. Eichstaedt, 6 Cir., 1940, 110 F.2d 79; Knott County v. Aid Association for Lutherans, 6 Cir., 1944, 140 F.2d 630. Neither the diligence of counsel nor our own research has disclosed any adjudication by the Kentucky Court of Appeals prior to the issuance ......
  • Stutsman v. Arthur, No. 6895.
    • United States
    • United States State Supreme Court of North Dakota
    • 12 Diciembre 1944
    ...See also, Presidio County v. Noel-Young Bond Co., 212 U.S. 58, 29 S.Ct. 237, 53 L.Ed. 402;Knott County v. Aid Ass'n for Lutherans, 6 Cir., 140 F.2d 630. The City of Mandan, under the provisions of Ch. 196, Sess.Laws N.D.1927, as amended by Ch. 170, Sess.Laws N.D.1929, had authority to issue......
  • Morrison v. City of Detroit, No. 9597.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 31 Enero 1944
    ...approaching the intersection. At the time he made his observation, plaintiff was about 54 feet east of the center of the intersection, or 140 F.2d 630 33 feet from the street line of the intersecting street. Defendant was 150 feet north of the intersection. Plaintiff continued on, without s......

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