Page:Federal Reporter, 1st Series, Volume 1.djvu/365

 aAUSE V. CITY OF OLARKBVILLfi.. 357 �County, Id. 291 ; Hackett v. Ottawa, 9 Otto, 86 ; Toum of Wey- auwega v.Ayl'mg, là. 112; Superoisors v.Galbraith, Id. 214; Brooklyn v. Ins. Co. Id. 362 ; Orteans y. Platt, Id. 677. �Treat, J. Most of the legal propositions involved in this case were heretofore deeided on the demurrers to some of the counts. 8 Am. Law Eeg. 497. �In the case of Wood v. T]ie City of Louisîana, recognized as correct by Judge Dillon in his opinion on said demurrers, it was held that although a municipality issued bonds whîch it had no authority to issue, and no recovery could be had on the bonds as such, yet if the money derived therefrom was re- ceived for an authorized purpose and applied to that purpose, an action would lie as for money had and received, and that the honafide holder of said bonds could recover as assignee of the original demand. �This doctrine receives some support from the views ex- pressed in the case of Litile Rock v. National Bank, 98 U. S. Eep. 308, and Shirkv. Pulaski County, 4 Dill. 209. �Accepting the doctrines thus stated, it was for the plaintiff to prove what amount the city actually received for wharf and for street improvement bonds, respectively. The evidence shows^that these bonds sold at par, and that the proceeds thereof were paid into the city treasury, and expended for the specifie purposes designated. There were ordinances of the city authorizing said improvements, and making the needed appropriations therefor, aU of which were lawful, and the money raised therefor by the sale of said bonds faithfully applied. Hence, under the rulings heretofore made in this case, the plaintiff is entitled to recover the amounts so actu- ally loaned, with unpaid interest due from date of demand, at the rate ôf 6 per cent. �The city bought a cemetary lot, to pay for which it bor- rowed $1,500, and issued a bond for $1,650. As there was no power to issue a bond therefor, the recovery can bs only for $1,500, with unpaid interest, at the rate of 6 per cent. �The foregoing items cover ail the counts, from the first to the eleventh, inclusive, on which, as held, there can Le no ��� �