Doty v. Garfield Township

Citations

• 89 Kan. 719
• 133 P. 172
• 1913 Kan. LEXIS 108

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Township Bonds — Refunded—Interest in Default — Bona Fides of Purchaser. The testimony tended to show that when the plaintiff purchased the refunding bonds and coupons attached, he was assured by the seller that the bonds were valid; that he ascertained that after their issuance a tax had been levied by the township for two successive years to pay the interest; that judgments had been recovered on others of the same issue; and he was advised by counsel that the bonds were valid; that when he. purchased, the interest had been in default for seventeen years, but he had no knowledge of any infirmity in the principal obligations, which contained all the necessary recitals, and which the auditor of state had certified were regularly and legally issued; that owing to a 'question as to who was required to make the levy, and in view of the fact that the county -and township had been compromising their bonded indebtedness, he understood that he might be compelled to put in judgment or compromise the paper, for which he paid about 25 per cent of the total principal and interest. Held, that the question of his bona fides should -have been submitted to the jury.</p>