Summary

Joseph P. Bradley Thomas v. City of Richmond — Opinion of the Court

The issue of notes as a common currency, or circulating medium, is guarded with much jealousy by all governments as touching one of its most valuable prerogatives, and as deeply affecting the common good of the people. Almost every State has stringent laws on the subject, and it may be said to be against the public policy of the country to allow individuals or corporations to exercise this prerogative without express legislative sanction.
Source: Wikisource

Joseph P. Bradley Thomas v. City of Richmond — Opinion of the Court

One of the grants of power relied on is, that the city is made a corporation with power to contract and be contracted with, and generally with 'all the rights, franchises, capacities, and powers appertaining to municipal corporations.' In a community in which it is against public policy, as well as express law, for any person or body corporate to issue small bills to circulate as currency, it is certainly not one of the implied powers of a municipal corporation to issue such bills.
Source: Wikisource

Joseph P. Bradley Thomas v. City of Richmond — Opinion of the Court

The issuing of bills as a currency by such a corporation without authority is not only contrary to positive law, but, being ultra vires, is an abuse of the public franchises which have been conferred upon it; and the receiver of the bills, being chargeable with notice of the wrong, is in pari delicto with the officers, and should have no remedy, even for money had and received, against the corporation upon which he has aided in inflicting the wrong.
Source: Wikisource

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