Rich v. Town of Mentz
Decision Date | 14 April 1890 |
Citation | 10 S.Ct. 610,33 L.Ed. 1074,134 U.S. 632 |
Parties | RICH v. TOWN OF MENTZ. 1 |
Court | U.S. Supreme Court |
This is an action brought by George L. Rich in the circuit court of the United States for the northern district of New York against the town of Mentz, to recover the amount of 60 interest coupons attached to certain bonds held by him, and alleged to have been issued by the town on July 15, 1872, in aid of the Cayuga Northern Railroad Company. The cause was tried by the circuit and district judges, a jury being duly waived, and the court made its special findings as follws:
'(1) On the 18th day of July, 1872, there was filed in the clerk's office of the county of Cayuga, N. Y., the judgment of the county judge of said county, with the petition of certain tax-payers, of which the following are copies:
'Indorsed: 'Filed May 28, 1872.'
'Indorsed: 'Filed Any 28, 1827.'
'(The follows the usual affidavit of the printers of said newspaper, showing due publication of the notice of hearing.)
'Indorsed: 'Filed July 17, 1872.'
'(Due proofs were made of publication of the foregoing determination.)
'(2) The Cayuga Northern Railroad Company was duly incorporated under the general statutes of the state, on the 22d of April, 1872.
'(3) The persons named in said adjudication of the county judge aforesaid qualified as commissioners under the statute, and subscribed, in behalf of said town of Mentz, for 300 shares of the capital stock of said company, of the par value of $100 per share, and paid therefor by the issue to said company of thirty town of Mentz bonds, of $1,000 each, in form as set out in the complaint, with coupons attached in the usual form, providing for the payment of the interest semi-annually, January and July; principal payable July 15, 1902.
'The coupons were all in the following form:
'(4) Prior to the commencement of this action the plaintiff bacame a purchaser of the five bonds and attached coupons, which are described in the declaration in this action, from one Deming, who had theretofore purchased the same for cash, and without notice of any infirmity, the plaintiff being a resident of the state of Iowa.
'(5) Plaintiff produced said five bonds, with twelve coupons, each $35, cut from each, in all sixty coupons, which, with the interest to the day of trial, amounted to $2,836.25.
'(7) All the proofs were taken subject to defendant's objection that the county judge acquired no jurisdiction under the original petition, and also that the judgment of the county judge was insufficient.
'And defendant insisted upon the aforesaid objection, and prayed for a dismissal of the complaint, with costs.'
The form of the bonds, of which plaintiff held five, numbered 21, 22, 23, 24, and 25, with their coupons, was thus set out in the complaint:
'No. 21. United States of America, $1,000.
State of New York, Town of Mentz, County of Cayuga.
'Issued by virtue of an act of the legislature of the state of New York, entitled 'An act to amend an act entitled 'An act to authorize the formation of railroad corporations, and to regulate the same,' passed April 2, 1850, so as to permit municipal corporations to aid in the construction of railroads,' passed May 18, 1869. This act authorizes the town of Mentz,...
To continue reading
Request your trial-
Farmers' Savings & Building & Loan Association v. Ferguson
...court of that state upon the question. 105 U.S. 667; 7 Wall. 541; 107 U.S. 33; 94 U.S. 260; 98 U.S. 359; 118 U.S. 425; 125 U.S. 555; 134 U.S. 632; 142 U.S. 293; 119 U.S. 680; 150 132; 146 U.S. 162; 67 Ark. 258; 60 Ark. 269; 66 Ark. 79; 48 S.W. 903; 44 Ark. 230; 47 Ark. 54; 61 Ark. 329; 3 Za......
-
Brown v. Norvell
...417; 68 Ark. 150; 24 Ark. 440. The tax sales were void for inadequacy of description. 50 Ark. 116; 59 Ark. 344; 64 Ark. 108; 117 U.S. 683; 134 U.S. 632; 168 U.S. 224; 59 Cal. The land was sold without notice. Kirby's Dig. § 4424; 45 Ark. 192; 16 Ark. 46; 55 Ark. 444; 60 Ark. 372; 62 Ark. 43......
- Stiewel v. Fencing District No. 6 of Johnson County
-
Dysart v. City of St. Louis
... ... Boise Water Power, 186 F. 705; Omaha Elec. Co. v ... City, 179 F. 455; Town of Newport v. Railway, ... 58 Ark. 270; Spengler v. Trowbridge, 62 Miss. 46 ... (4) Even if ... indebtedness, must be absolutely complied with. Rich v ... Mentz, 134 U.S. 632; German Sav. Bank v. Franklin ... Co., 128 U.S. 526; Goolsby v ... ...