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Home > Art, Film & Photography > Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit (Volume 15)
Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit (Volume 15)

Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit (Volume 15)


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880. Excerpt: ... Smith v. The Town of Ontario. Co. v. Marcy, 97 U. 96; Knox v. Aspinwall, 21 How., 539; St. Joseph v. Rogers, 16 Wall., 644; Coloma v. Eaves, 92 7." &, 484; Percwra v. Murdoch, Id., 494; Johnson Co. v. January, 94 Z7.-5., 202.) This case is not like those. It was not provided that these commissioners should determine when the consent had been obtained, nor left for them to act when it had been obtained, without provision for other determination of the fact. The plain meaning of the law is, that the assessors were to determine when the consent was obtained1, and that the commissioners were to issue the bonds after their determination, shown by their affidavit. In the cases referred to, the commissioners, or other agents executing the bonds, had authority to represent that they had authority, and did so. In this case, the assessors had authority to declare, by their affidavit, that the commissioners had authority to issue the bonds, but it was not left to the commissioners thus to hold out that they had such authority. So, the act of the commissioners issuing the bonds did not actually show authority to do it, neither was it an authorized holding out of authority not existing. It is sometimes said, that, if a law authorizes such corporations to issue bonds, and bonds are issued certifying that they are issued under the law, they are to be protected as commercial paper. It would seem to be more correct now to say, that, if they are issued certifying expressly or impliedly that they are issued under the law, by those authorized to determine that they could properly be issued, they are to be so protected. (Warren Co. v. Marcy, ubi sup.; Coloma v. Eaves, 92 U. S., 484.) Here, the only authorized representation is that contained in the affidavit; and that t...


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Product Details
  • ISBN-13: 9781150283611
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 188
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1150283610
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 345 gr


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Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit (Volume 15)
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