Read v. Beczkiewicz, 27114.
| Decision Date | 27 February 1939 |
| Docket Number | No. 27114.,27114. |
| Parties | READ et al. v. BECZKIEWICZ, County Treasurer, et al. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
On petition for rehearing.
Petition denied.
For former opinion, see 18 N.E.2d 789.Appeal from Superior Court, St. Joseph County; J. Elmer Peak, judge.
Arnold, Chipman & Degnan and Harry Brownstein, all of South Bend, for appellants.
Edwin Hunter, Farabaugh, Pettengill & Chapleau, Jones, Obenchain & Butler, Francis Jones, Samuel Feiwell, and Edmund A. Wills, all of South Bend, for appellees.
The reason for the conclusion that the provision of section 2, chapter 317, of the Acts of 1935, Acts 1935, p. 1526, which authorized the payment of assessments with bonds issued for the same improvement, impairs the obligation of the contract of the bondholders, does not apply where one person is the sole owner of all unpaid bonds and coupons, and also the owner of real estate subject to an assessment for the payment of said bonds, and therefore the provision of the statute, that ‘such bond or bonds, or coupons shall be accepted at par in full settlement of the assessment for the year in which said assessment was due, and no penalty or interest after the due date of the assessment shall be charged on such assessment paid with such bonds, or coupons,’ requires that the treasurer accept such bonds in such cases in satisfaction of delinquent assessments without the payment of the statutory delinquency penalty.
It is suggested that there is language in the opinion which may be construed as holding that installments of assessments should be applied to the payment of the first-maturing bonds regardless of when the installments were due. It was not the intention to so decide. The assessments falling due each year should be allocated to the payment of the series of bonds next thereafter maturing, notwithstanding there may be unpaid bonds of an earlier series.
The first question discussed was presented, but not decided, in the origina opinion. The court will modify its conclusions accordingly.
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Keilman v. City of Hammond, 18445
...decided in our original opinion. It first contends that the cases of Read v. Beczkiewicz, Treasurer, 1939, 215 Ind. 365, 18 N.E.2d 789, 19 N.E.2d 465; City of Hammond v. Melville, 1943, 114 Ind.App. 602, 52 N.E.2d 845; City of Hammond v. Welsh, 1946, 224 Ind. 349, 67 N.E.2d 390, cited in ou......
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City of Hammond v. Welsh
...v. Citizens' National Bank, 1914, 56 Ind.App. 446, 105 N.E. 575; Read v. Beczkiewicz, Treasurer, 1939, 215 Ind. 365, 375, 18 N.E.2d 789, 19 N.E.2d 465. Under the law, each annual installment assessment belonged to the series of bonds next falling due and should have been paid out only to ho......
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City of Hammond v. Melville
...issued in anticipation of such collection. The case of Reed et al. v. Beczkiewicz, Treasurer, et al., 1939, 215 Ind. 365, 18 N.E.2d 789, 19 N.E.2d 465, is decisive the question here presented, and on the authority of that case we hold that appellant is liable to appellee. The fact that appe......