Nathan Clifford

Name: Bissell v. City of Jeffersonville — Opinion of the Court
Author: Nathan Clifford

Summary

“Bissell v. City of Jeffersonville — Opinion of the Court”, is a work by Nathan Clifford. It explores elements such as bonds, legal voters and fourths of the legal.

Quotes from Bissell v. City of Jeffersonville… (Nathan Clifford)

Nathan Clifford, Bissell v. City of Jeffersonville…

“ From that record it appeared that on the twenty-third day of August, 1853, a petition of certain legal voters of the city was presented to the common council, representing that the construction of the before-mentioned railroad would be of great benefit to the public generally, and especially to the commercial interests of the city, and praying that the board to which it was addressed would subscribe stock in the railroad to the amount of two hundred thousand dollars, and contract a loan for an equal amount, through the issue of city bonds, for the payment of the subscription. ”

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Source: Wikisource

Nathan Clifford, Bissell v. City of Jeffersonville…

“ It is insisted by the plaintiffs that the defendants had no right to disprove the verity of their own records, certificates, and representations, concerning the facts necessary to give validity to the bonds. On the other hand, the defendants controvert that proposition, and insist that it was competent for them under the circumstances to prove, by parol testimony, that the records given in evidence did not speak the truth, and that, in point of fact, three-fourths of the legal voters had not petitioned, as required by the charter. ”

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Source: Wikisource

Nathan Clifford, Bissell v. City of Jeffersonville…

“ None other than the common council, to whom the petition was required to be addressed, is suggested, either in the charter or the explanatory act, and it would be difficult to point out any other sustaining a similar relation to the city so fit to be charged with the inquiry, or one so fully possessed of the necessary means of information to discharge the duty. ”

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Source: Wikisource

Nathan Clifford, Bissell v. City of Jeffersonville…

“ Two hundred bonds, with twelve hundred interest warrants, or coupons, were issued in the name of the city, and the coupons, as well as the bonds, were payable to bearer. Interest was payable semi-annually, but the redemption of the principal was postponed for a period exceeding twenty-five years. Capitalists could not be expected to accept such paper, and advance money for it, unless the authority to issue it was put beyond dispute. ”

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Source: Wikisource

Nathan Clifford, Bissell v. City of Jeffersonville…

“ When the contract had been ratified and affirmed, and the bonds issued and delivered to the railroad company in exchange for the stock, it was then too late to call in question the fact determined by the common council, and a fortiori it is too late to raise that question in a case like the present, where it is shown that the plaintiffs are innocent holders for value. ”

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Source: Wikisource

Nathan Clifford, Bissell v. City of Jeffersonville…

“ Sufficient has already been remarked to show that the circumstances of the case exhibited in the record bring it within the very terms of the act; and if so, then the common council might lawfully ratify and affirm the subscription; and upon such ratification it is expressly declared that the bonds issued or to be issued shall be valid.
Mistakes and irregularities in the proceedings of municipal corporations are of frequent occurrence, and the State Legislatures have often had occasion to pass laws to obviate such difficulties. ”

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Source: Wikisource

Nathan Clifford, Bissell v. City of Jeffersonville…

“ It was an action of assumpsit, and was instituted by the present plaintiffs against the corporation defendants, to recover two instalments of interest which had accrued upon certain bonds, purporting to have been duly issued in the name of the defendants, for stock subscribed in their behalf by the common council of the city to the Fort Wayne and Southern Railroad Company. ”

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Source: Wikisource

Nathan Clifford, Bissell v. City of Jeffersonville…

“ Municipal corporations are created by the authority of the Legislature, and Chancellor Kent says they are invested with subordinate legislative powers, to be exercised for local purposes connected with the public good, and such powers are subject to the control of the Legislature of the State. ”

Nathan Clifford

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Quotes from Bissell v. City of Jeffersonville… (Nathan Clifford)

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