Civil Procedure Keyed to Friedenthal
Cromwell v. County of Sac
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The Plaintiff brought action on four bonds and four coupons for interest attached. The Defendant had issued bonds in 1860 for a courthouse to be built, which were redeemable in 1868, 1869, 1870, and 1871. The courthouse was never built and the Plaintiff sued to recover the amounts of the bonds plus interest. The Plaintiff brought suit and the Defendant claimed that the Plaintiff was precluded from raising the issue because of a prior suit brought by Samuel Smith (Smith), who sought recovery on the same bonds. In that suit, evidence was presented showing that the Plaintiff owned the bonds and that the case was being brought for the Plaintiff’s benefit. The trial court held that the bonds were void against any party who had not acquired them before maturity and given value for them and found the Plaintiff had not proven that he gave value for them. The Plaintiff was not allowed to show that he gave value for the coupons and bonds before maturity, which the trial court held, prov ed the invalidity of the bonds.
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