McClure v. Township of Oxford
Decision Date | 01 October 1876 |
Parties | MCCLURE v. TOWNSHIP OF OXFORD |
Court | U.S. Supreme Court |
ERROR to the Circuit Court of the United States for the District of Kansas.
This was an action by the plaintiff to recover upon twenty overdue interest coupons, detached from bonds held by him and issued by the defendant.
The following is a copy of one of the bonds and coupons, all of which were set forth in the declaration:——
'No.___.] OXFORD TOWNSHIP BRIDGE BOND. [$500.
'The township of Oxford, in the county of Sumner and State of Kansas, hereby promises to pay to _____ _____, or bearer, the sum of $500, on the fifteenth day of April, A.D. 1882, with interest thereon at the rate of ten per cent per annum, payable semiannually on the fifteenth day of October and April of each year, upon the presentation of the coupons therefor hereto attached. Both principal and interest payable at the American Exchange National Bank, in the city of New York. This bond is one of an issue of $10,000, made for the purpose of aiding in the building of a bridge across the Arkansas River at the town of Oxford, in the county of Sumner and State of Kansas, and in pursuance of an act of the legislature of the State of Kansas, entitled 'An Act authorizing the trustee, treasurer, and clerk, or any two of them, of the township of Oxford, in the county of Sumner and State of Kansas, to subscribe for stock in the Oxford Bridge Company to the amount of $10,000, to aid in the construction of a bridge across the Arkansas River at Oxford, in said county and State, and to issue the bonds of said township in payment therefor,' approved March 1, 1872, and in pursuance of a vote of the qualified electors of said township, had at an election held therein, on the eighth day of April, A.D. 1872, which said election resulted in a majority of 112 in favor of issuing said bonds in a total vote of 140.
'The faith of said township and the receipts for toll of said bridge are pledged to the payment of this bond and interest.
'In testimony whereof the township trustee, clerk, and treasurer of said township have caused this bond to be issued, duly certified, attested, an countersigned, this fifteenth day of April, A.D. 1872.
'GEORGE T. WALTON, Trustee.
'Attest: JOHN H. FOLKS, Clerk.
'Countersigned: T. E. CLARK, Treasurer.'
'I, A. Thoman, auditor of the State of Kansas, do hereby certify that this bond has been regularly and legally issued; that the signatures thereto are genuine; and that such bond has been duly registered in my office, in accordance with an act of the legislature entitled 'An Act to authorize counties, incorporated cities, and municipal townships to issue bonds for the purpose of building bridges, aiding in the construction of railroads, or other works of internal improvements, and providing for the registration of other bonds, and the repealing of all laws in conflict therewith,' approved March 2, 1872.
'Witness my hand and official seal, this twenty-fifth day of April, 1872.
'A. THOMAN, Auditor of State.
}
'On the fifteenth day of April, 1875, the treasurer of the town ship of Oxford, in the county of Sumner and State of Kansas, will pay to bearer to sum of $25, at the American Exchange National Bank in the city of New York, being the semiannual interest due on bond No. 1, issued April 15, A.D. 1872.
'GEORGE T. WALTON, Trustee.
'Attest: JOHN H. FOLKS, Clerk.'
The fifth and seventh sections of the act under which the bonds were issued are as follows:——
' notice by posting written or printed notices thereof in three of the most public places in said township. . The ballots to be used at said election shall be written or printed, 'For the bridge and bonds,' or, 'Against the bridge and bonds;' and if at said election a majority of said votes shall be for the bridge and bonds, the said bonds shall be issued, and not otherwise.'
'SECT. 7. This act shall take efect from and after its publication in the 'Kansas Weekly Commonwealth."
'Approved March 1, 1872.'
Annexed to the act is the following certificate:——
'I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my...
To continue reading
Request your trial-
Olds v. Alvord
... ... under the terms of the Statute. See McClure v ... Oxford, 94 U.S. 429, 24 L.Ed. 129; Manhattan Co. v ... Ironwood, 6 Cir., 74 F. 535 ... ...
-
State v. Greer
... ... proceedings in due course of law ... In ... Pine Grove Township v. Talcott, 19 Wall. 666, 22 L.Ed ... 227, the action was in assumpsit to recover 'the amount ... 125; Town ... of South Ottawa v. Perkins, 94 U.S. 260, 24 L.Ed. 154; ... McClure v. Township of Oxford, 94 U.S. 429, 24 L.Ed ... 129; 19 R. C. L. p. 1006 ... The ... ...
-
Lewis W. Thompson & Co. v. Conran-Gideon Special Road Dist. of New Madrid County
... ... 10833 to 10857). It was admitted that New ... Madrid County was operating under the township-organization ... plan at the time the bonds were issued. No special road ... district could be ... The bonds were illegal on their face and the ... demurrer should have been sustained. McClure v ... Township, 94 U.S. 429, 24 L.Ed. 129; Ogden v ... Daviess, 102 U.S. 634, 26 L.Ed. 265; ... ...
-
Bolton v. Wharton
... ... purchases, chargeable with notice of the law and its ... requirements. McClure v. Oxford Twp. (1876) 94 U.S ... 429, 24 L.Ed. 129 ... As ... stated by our ... them from setting up its [163 S.C. 264] lack of power ... Northern Bank v. Porter Township, 110 U.S. 608, 4 ... S.Ct. 254, 28 L.Ed. 258; Merrill v. Monticello, 138 U.S. 673, ... 11 S.Ct ... ...