Wetzell v. City of Paducah

Citations

• 117 F. 647
• 1902 U.S. App. LEXIS 5124

Syllabus

<p>1. Statutes—Repeal by Implication.</p> <p>The General Statutes of Kentucky, adopted in 1873, did not .repeal by implication Act March 17, 1870, in relation to submitting questions of taxation to a vote of the people, since it contains no provisions relating to the subject.</p> <p>2. Municipal Bonds—Election—Construction of Kentucky Statute.</p> <p>Act Ky. March 17, 1870 (1 Acts Ky. 1809-70, p. 102), which provides that it shall be unlawful for “any county judge, county court, police judge, justice of the peace or any incorporated company” to submit more than one proposition for taxation to the voters of a county, city, or town, or part thereof, at any one election held therein, and that any tax, subscription or donation, etc., voted at an election at which more than one such question was voted on shall be held null and void, applies only to the officers and tribunals specifically named therein, and does not affect an election ordered by a city council under power given by the city’s charter, nor render bonds voted at such an election to be exchanged for stock in a railroad company void because two separate propositions were submitted at the same election, where there was nothing in the charter prohibiting such method of submission.</p> <p>8. Same—Estoppel by Recitals.</p> <p>Where the officers and council of a city are given such powers by its charter that authority must be inferred therefrom to determine whether the necessary conditions precedent exist to authorize an issuance of bonds by the city, a recital by such officers in the bonds that all such conditions have been performed will bind the city, in favor of an innocent purchaser of the bonds for value and without notice.</p> <p>4. Same—Effect of Payment of Interest—Innocent Purchasf.rs.</p> <p>The fact that a city for a number of years promptly paid the interest on an issue of bonds raises a strong equity in favor of a holder who purchased during such time, and even if it does not create an estoppel agains