Commissioners of Knox County v. AspinwallAnnotate this Case
62 U.S. 539
U.S. Supreme Court
Commissioners of Knox County v. Aspinwall, 62 U.S. 21 How. 539 539 (1858)
Commissioners of Knox County v. Aspinwall
62 U.S. (21 How.) 539
Where the statute of a state provided that the board of commissioners of a county should have power to subscribe for railroad stock, and issue bonds therefor, in case a majority of the voters of the county should so determine after a certain notice should be given of the time and place of election, and the board subscribed for the stock and issued the bonds, purporting to act in compliance with the statute, it is too late to call in question the existence or regularity of the notices in a suit against them by the holders of the coupons attached to the bonds, who were innocent holders, in this collateral way.
In such a suit, according to the true interpretation of the statute, the board were the proper judges whether or not a majority of the votes in the county had been cast in favor of the subscription to the stock.
The bonds on their face import a compliance with the law under which they were issued, and the purchaser was not bound to look further for evidence of a compliance with the condition to the grant of the power.
A suit could be maintained upon the coupons without the production of the bonds to which they had been attached.
The case is stated in the opinion of the court.
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