(DOWNLOAD) "Town of East Lincoln v. Davenport" by United States Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Town of East Lincoln v. Davenport
- Author : United States Supreme Court
- Release Date : January 01, 1876
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The question is as to the legality of certain bonds issued by the town of East Lincoln, bearing date of the second day of April, 1873. The case shows that the plaintiff below was the bona fide owner of the coupons sued upon. Questions of form merely, or irregularity, or fraud, or misconduct on the part of the agents of the town, cannot, therefore, be considered. Whether the supervisor of the town signed the bonds during the midnight hours, whether he delivered them at about daylight on the morning of April 2, 1873, and whether he immediately left the town to avoid the service of an injunction, are matters not chargeable to the owner of the bonds. The supervisor was not his agent, but the agent of the town, and if there has been misconduct on his part, the town rather than a stranger must bear the consequences. There must be authority in the town to issue the bonds by the statuteso f the State. If this cannot be found, the holder must fail; if it exists, he is entitled to recover.