City of San Antonio v. Lane

Citations

• 32 Tex. 405

Syllabus

<p>1— The case of San Antonio v. Enoch Jones (28 Tex., 19) cited and approved. 2— If the plaintiff was the same person in this case as in that just referred to, the judgment would be affirmed on the ground that a judgment in favor of a liana fide, holder, on certain municipal bonds, part of a larger issue, against the corporation issuing them, is conclusive of the validity of the entire issue—all objections having been as available in the former suit as in this one.</p> <p>8—It is assumed as well settled that the State Legislature may authorize municipal corporations to subscribe for stock in railroad companies, and to provide for the payment of such subscriptions in any manner not repugnant to the constitution.</p> <p>4—When an act of the Legislature expresses in its title the object of the act, the title embraces and expresses all lawful means to accomplish that object; and, therefore, the specification in the body of the act of the means by which the object may be accomplished does not render the act obnoxious to the constitutional requirement that every law shall embrace but one object, which object shall be expressed in its title. (See Reporter’s note, below.)</p> <p>5—The case of Cannon v. Hemphill (7 Tex., 208), does not contravene the foregoing principle.</p> <p>6—Bonds or coupons of the character indicated are negotiable instruments, transferable by delivery, and therefore a Iona fide holder can not be held responsible for any misconduct or default of the parties issuing them, for such holder may well presume that every condition precedent to their lawful issuance has been complied with by such parties.</p> <p>7—Such a holder is chargeable only with knowledge of the law authorizing the issue of such bonds.</p> <p>8—Interest coupons carry interest like any other commercial paper.</p> <p>9—A contract made by a corporation is presumed to be on sufficient consideration, until the contrary appears.</p> <p>10—It is not always error for the court to instruct a jur