Talk:Port of Mobile v. Watson Same

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Edition: Port of Mobile v. Watson Same, in the first They were argued as one case In the first case Henry Watson, the defendant in error, was the plaintiff in the circuit court He brought his action agairst the port of Mobile to recover the principal money due on certain bonds issued by the city of Mobile, under its corporate name, 'The Mayor, Aldermen, and Common Council of the City of Mobile,' and the interest on the same shown to be due by certain coupons thereto appended The bonds were issued December 31, 1859, were for $1,000 each, and were payable to the order of the Mobile & Great Northern Railroad Company on the first day of January, 1879, with interest at the rate of 8 per cent per annum Upon the margin of each bond was the following recital: 'In pursuance of the terms of the contract between the corporate authorities of the city of Mobile and the Mobile & Great Northern Railroad Company, an ordinance approved on the thirtieth December, instant, provides for the sum of $95,000 by a special tax annually to be applied to the payment of $1,000,000 of bonds to be issued by the city of Mobile to aid in the construction of the Mobile & Great Northern Railroad' The declaration averred that the defendant, the port of Mobile, was 'the legal successor of the said the mayor, aldermen, and common council of the city of Mobile, and bounden for its debts, and for the payment of the said bonds and coupons' The defendant pleaded 'that the said alleged bonds and coupons were issued by the mayor, aldermen, and common council of the city of Mobile, a different municipal corporation, and not by this defendant, nor by any one authorized to bind this defendant in the premises; that this defendant is not the successor in law nor in fact of the said the mayor, aldermen, and common council of the city of Mobile, nor is this defendant legally bounden to pay the said debt' .
Source: Port of Mobile v. Watson Same from http://bulk.resource.org/courts.gov/c/US/116
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