COUNTY OF CASS
v.
JORDAN
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Supreme Court held that a township's vote to subscribe to stock for a branch railroad was valid and authorized the subscription to the Pleasant Hill and Lawrence Branch of the Pacific Railroad under Missouri law, even though the vote referenced the Pacific Railroad generally, because the evidence established with reasonable certainty that the township intended to aid in the construction of the branch road specifically.
© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Mr. Chief Justice Waite delivered the opinion of the court.
- The only question presented in this case not disposed of by the judgment in County of Cass v. Johnston, supra, p. 360, is that which relates to the identity of the company to whose stock the subscription was made with that to which fefie subscription was authorized, the claim being that the vote was for a subscription to the stock of the Pacific Railroad, while, the subscription was actually made to that of the Pleasant Hill and Lawrence Branch of the Pacific Railroad. It appears, with .reasonable certainty, that the vote of the township was for apubseription to aid in the construction of the branch road, and was intended to authorize the.taking of the stock in the Pacific Railroad set apart under the “ Act to 'aid in the building of branch railroads in the State of Missouri,” approved March 21, 13&8, to the Pleasant Hill and Lawrence branch. This renders :it unnecessary to consider whether the plaintiff below was an innocent holder of thé bonds sued upon, and what her righto would be as s,uch. ' The effect of the filing of the certificate for the construction of the branch after the call for the election, but before the vote was taken, has been sufficiently considered in the case above cited. Judgment affirmed.
Mr.-Justice Miller and Mr. Justice Bradley dissented.