Montgomery v. Township of St. Mary's

• Decision Date: 30 August 1890
• Citation: 43 F. 362
• Parties: MONTGOMERY v. TOWNSHIP OF ST. MARY'S. CHADBOURNE v. SAME.
• Court: U.S. District Court — District of Kansas

43 F. 362

MONTGOMERY v. TOWNSHIP OF ST. MARY'S.

CHADBOURNE v. SAME.

United States Circuit Court, D. Kansas.

August 30, 1890

S. L Seabrook, for plaintiffs.

Johnson Martin & Keeler, for defendant.

FOSTER J.

These are suits upon municipal bonds issued by the defendant township. The facts of the case are briefly as follows: On the first day of August, 1871, the defendant township issued its bonds in the sum of $40,000, due in 20 years, at 10 per cent. interest, payable to the King Wrought-Iron Bridge Manufactory and Iron Works, for the purpose of building a bridge over the Kansas river in said township. Coupons were attached for the semi-annual interest, and these actions are brought on the coupons. The defendant denies that the bonds or coupons were ever made or executed by the defendant township or its officers. The bonds and coupons bear the name of J. D. Downing, township trustee, and Alva Higbee, township clerk. The facts in reference to the execution and issue of the bonds are as follows: The bridge was built and accepted by the township, and the bonds were prepared, with the exception of the signature of the officers, and taken to the city of Topeka, in January, 1882, where Mr. T. B. Mills president of the bridge company, and William H. Jenkins, and James D. Downing, who was trustee of said township, and Alva Higbee, who was clerk of said township met together at an hotel in said city, and Mr. Higbee signed said bonds and coupons, as clerk, and, at the request of Mr. Downing, who was present, but who said that he was nervous, and a poor penman, Mr. William H. Jenkins signed the name of the said Downing to the said bonds and coupons, in the presence of the said Downing, and the other parties. After signing the bonds they were delivered by Downing and Higbee to Mills for the bridge company. In July, 1872, this issue of bonds was certified by the township trustee, clerk, and treasurer, as a valid and subsisting indebtedness against said township of St. Mary's; and again, in January, 1873, said bonds were certified by the township clerk as a valid and subsisting indebtedness against said township. The township paid the interest on said bonds for a period of 10 years.

This case turns on the single question, whether the name of the trustee signed as it was, followed by delivery of the bonds and the subsequent acts of the township officers, makes the indebtedness a legal obligation of the defendant township. Section 414 of the General Statutes of Kansas, making provision for the issuing of municipal bonds, provides as follows: 'And if issued by a township shall be signed by the township trustee, and attested by the township clerk. ' The doctrine is well settled that a public officer cannot delegate to another the exercise of his official duties. It is equally well...