Skinner v. Franklin County

Citations

• 179 F. 862
• 1910 U.S. App. LEXIS 5434

Syllabus

<p>1. Constitutional Law (§ 43*) — Person Entitled to Raise Question — Estoppel.</p> <p>Where, in proceedings on bonds issued by a county in aid of a railroad, the county invoked the jurisdiction prima facie conferred by a statute, by which unknown bondholders were made parties, and service thereon had by notice by publication, it was not in a position to argue that the court had no jurisdiction, because the statute was unconstitutional.</p> <p>[Ed. Note. — FOr other cases, see Constitutional Law, Cent. Dig. § 41; Dec. Dig. § 43.*]</p> <p>2. Damages (§ 68*) — Interest.</p> <p>Where bonds and coupons issued in aid of an improvement contracted for interest at the rate of 8 per cent., conditional “on the presentation and surrender at the place in the city of New York, where the treasurer of the state of Illinois pays the interest and debt of said state, of the coupons hereto attached as they severally become due,” and they were not so presented, the rate of 8 per cent., which was not usurious when the contract was issued, did not apply, and the holder was entitled only to interest incidental as damages in the ease, and not by virtue of the contract, so that the rate would be 5 instead of 8 per' cent.</p> <p>[Ed. Note. — For other cases, see Damages, Cent. Dig. §§ 141-143; Dec. Dig. § 68.*]</p>