Enfield v. Jordan
Annotate this Case
119 U.S. 680 (1887)
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U.S. Supreme Court
Enfield v. Jordan, 119 U.S. 680 (1887)
Enfield v. Jordan
Submitted November 24, 1886
Decided January 10, 1887
119 U.S. 680
In Illinois, an incorporated "town" and an incorporated "village" are one and the same thing. We1ch v. Post, 99 Ill. 471, overruled, and Martin v. People, 87 Ill. 524, followed.
The provision in the Act of February 24, 1869, of the Legislature of Illinois, giving authority to "any village, city, county, or township organized under the township organization law or any other law of the state along or near the route of the railway" therein mentioned, "to subscribe to the stock of the railroad company or make donations to it" applies to a town along or near the route.
The proviso in the clause of the Constitution of Illinois regarding municipal subscriptions to the stock of, or donations or loan of credit to, railroads or private corporations, applies to donations as well as to subscriptions to stock.
When a question in a certificate of division is stated in broad and indefinite terms which admit of one answer under one set of circumstances and of a different answer under another set of circumstances, this Court must regard it as immaterial to the decision of the case.
The pendency of a suit relating to the validity of negotiable paper not yet due is not constructive notice to subsequent holders thereof before maturity, and this general rule cannot he changed by state laws or decisions so as to affect the rights of persons not residing and not being within the state.
In Illinois, the making the place of payment of a municipal bond at a place which is not the office of the treasurer of the municipality does not affect the validity of the bond, or charge the holder of such a bond, being negotiable and not yet matured, with notice of judicial proceedings between a previous holder and the municipality so as to work an estoppel.
This was an action at law to recover the amount of coupons cut from bonds not yet matured, issued by the plaintiff in error, a town in Illinois, and held by the defendant in error. Judgment for plaintiff. Defendant sued out this writ of error. The case is stated in the opinion of the Court.