Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
George Sneer, a citizen and taxpayer of the city of Des Moines, applied
to me to bring a suit to test the validity of this last bond issue of
$130,000, informing me that the bonds had been placed in the hands of
B. F. Allen, then a banker of the city of Des Moines. I informed him I
was willing to take the case provided that the suit should be
maintained in good faith, that I was satisfied that the bonds were
absolutely void whether in the hands of Allen or any other person,
being issued in plain violation of the constitution of the state, and
that every person purchasing any evidence of indebtedness against the
city was bound to take notice of the existing indebtedness of the city
and was charged with knowledge thereof, as it was a matter of record
and easily ascertained. Mr. Sneer informed me that he desired the
question of the validity of the bonds tested in good faith, and that if
I undertook the case I might prosecute it to the end. He contracted to
pay me the sum of two hundred dollars for my services, and I
accordingly prepared the bill for a perpetual injunction against the
city council, city treasurer, and B. F. Allen. No one was made
defendant to the petition except Allen and members of the city council
and the city treasurer. Answers were filed by Mr. Withrow for B. F.
Allen and by Seward Smith, his partner, for the city of Des Moines and
members of the city council, and the case was submitted on bill and
answer. There was no denial of the facts set forth in the petition in
regard to the indebtedness of the city, nor did anyone appear in the
case claiming to be bona fide purchasers of the bonds, but the answer
of Allen was to the effect that he acted as agent for the city and had
sold the bonds to one George P. Opdike & Co. of New York City. Maxwell
was judge of the district court, and to my surprise entered the
following decree in the case:
Public-domain text, read in full here on John Shaqi.
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