Town of Big Grove v. Wells
Citations
- 65 Ill. 263
Syllabus
<p>1. Municipal subscription—bonds mid coupons issued to different company than that named in call for election, void. In a suit upon coupons attached to bonds payable to the “ Illinois Grand Trunk Railway Company,” and indorsed by the company to the plaintiff, it was shown that the bonds and coupons were issued by the township authorities under a vote of the township at an election in which the call and notice of the election referred to the taking of stock in, and the issue of bonds to “ the Eastern Division of the Illinois Grand Trunk Railway,” formerly known as the Joliet and Mendota Division of the Joliet and Terre Haute Railroad: Held, that under the vote the township officers had no authority whatever to issue the bonds and coupons, and that they were consequently void.</p> <p>2. If the Illinois Grand Trunk Railway Company and the Eastern Division of the Illinois Grand Trunk Railway were the same company, or the one had been merged into the other, it was necessary to have shown. that fact to authorize a recovery on the coupons.</p> <p>3. The vote of a subscription and the issue of corporate bonds to a particular and short division of a railroad, will not confer any authority to issue bonds in aid of the construction of the entire line of the road, and payable to the company representing the whole of the proposed road.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- voiding contract that deprived board of the right to exercise power without incurring lability for breach of contract
- “It may be correctly said that the board of commissioners cannot, by contract, preclude itself or its successors from the right and duty to exercise the powers given it by statute when in its judgment or discretion it is deemed necessary to do so.”
- “It may be correctly said that the board of commissioners cannot, by contract, preclude itself or its successors from the right and duty to exercise the powers given it by statute when in its judgment or discretion it is deemed necessary to do so.”
- “[I]t may be correctly said that [a county] board of commissioners cannot by contract preclude itself or its successors from the right and duty to exercise the powers given it by statute, when, in its judgment or discretion, it is deemed necessary so to do.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Thornton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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