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County of Scotland v. Thomas

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eBook details

  • Title: County of Scotland v. Thomas
  • Author : United States Supreme Court
  • Release Date : January 01, 1876
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Scotland County, Mo.' To each of which bonds were annexed twenty-five interest coupons, each for the sum of $80, maturing annually for the interest thereon. These bonds were delivered, before the 21st of December, 1871, to the 'Missouri, Iowa, and Nebraska Railway Company,' with the interest coupons attached, in payment of the subscription to the capital stock of the company; and such of them as had attached to them the coupons sued on were, before the maturity of the second maturing coupons, together with all the coupons except the ones first maturing, sold for value, and transferred by delivery to the plaintiff, who is the holder and owner thereof. The plaintiff caused the coupons sued on to be presented for payment at maturity, and payment was not made. The petition alleged, in addition to the foregoing facts, that by an act of the general assembly of Missouri, entitled 'An Act to incorporate the Alexandria and Bloomfield Railroad Company,' approved Feb. 9, 1857, the said company was incorporated, and thereafter was duly organized under said act of incorporation; that the tenth section of said act of incorporation provides as follows:–– 'The said company shall in all things be subject to the same restrictions, and entitled to all the privileges, rights, and immunities which were granted to the North Missouri Railroad Company, by an act entitled 'An Act to incorporate the North Missouri Railroad Company,' approved March 3, 1851, so far as the same are applicable to the company hereby created, as fully and completely as if the same were herein re-enacted.' The fourteenth section of the said act of March 3, 1851, contains the following provision, to wit:–– 'It shall be lawful for the county court of any county, in which any part of the route of said railroad may be, to subscribe to the stock of said company (North Missouri Railroad Company), and it may invest its funds in the stock of said company, and issue the bonds of such county to raise funds to pay the stock thus subscribed, and to take proper steps to protect the interest and credit of the county.' That a part of the route of the road of the 'Alexandria and Bloomfield Railroad Company' was within the county of Scotland, as designated in the act of incorporation.


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