Page:Federal Reporter, 1st Series, Volume 2.djvu/12

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CHEW V. HENRIETTA MIKING & SMELTINO 00. 5 �tlie relator and the state, so that its repeal should be hcld to be, as to him, a violation of the federal constitution and there- fore void. I know of no authority for the proposition that acts of the legislature passed after the issuance of the rela- tor's bonds can be held to be a part of the contract with him, and upon the faith of which he invested his money. It is only the laws in force at the time the contract is made that enter into it. The subsequent enlargement of the taxing power was a matter of gratuity on the part of the state, for which there was no new consideration moving from him. �It does not appear that he purchased his bonds after the passage of the act of 1871, and relying upon its provisions. If it did the question would arise whether he had any right to rely upon any legislation as irrepealable, except that in force when the bonds were issued; and, as at present ad- vised, I should hold that he was bound to know the law, which is that ail acts not in force when the contract was made were subject to be altered, amended or repealed by the state. �It is unnecessàry to diseusB the other questions raised by the demurrer. The retum is clearly insufficient. �The demurrer is sustained. ���Chew and others v. Henbietta Mining & Smeltinq Com- pany and others. �{Circuit Cowrt, E. D. Mistouri. March 13, 1880.^ �COBPOKATB BoNDB — NOTICE — AoENCT. — A purchaser takcs corporate bonds at his peril, where he has notice that an authorized agent is dis- posing of such bonds to him for an unauthorized purpose. �Bame— Same — Officbk op Cosporation.— In the absence of notice, such purchaser may presume that an ofBcer is acting within the scope of hi» authority -when acting as the agent of such corporation. �JIaeried Woman — Notice to Hdsbakd. — In transactions relating to her �separate estate, a married wornan is only bound by notice given to her �husband in so far as he acts as her agent. Cbstui Quk Trust — Notice to Trustee. — Notice to a trustee is not �notice to the eettui que trust, where the trustee bas no officiai relation �to the transaction in controversy. ����