MERCER COUNTY v. EYER

No. 4029.

1 F.2d 609 (1924)

MERCER COUNTY v. EYER.

Circuit Court of Appeals, Sixth Circuit.

October 7, 1924.


Attorney(s) appearing for the Case

Rodman W. Keenon, of Lexington, Ky. (Robt. L. Black, of Harrodsburg, Ky., and John D. Carroll, of Frankfort, Ky., on the brief), for plaintiff in error.

Wm. H. Hoyt, of New York City, and Edmund F. Trabue, of Louisville, Ky. (Reed, Dougherty & Hoyt, of New York City, Dorsey & Dorsey, of Henderson, Ky., and Trabue, Doolan, Helm & Helm, of Louisville, Ky., on the brief), for defendant in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.


DENISON, Circuit Judge.

In the court below Eyer recovered a judgment against the county upon a note for $50,000, dated August 17, 1921, due in five months, with 6 per cent. interest. This note was payable to bearer, but was delivered to Eyer at its date in exchange for its face in cash, less 1¼ per cent. discount. Payment was refused. Section 157 of the Kentucky Constitution forbids any municipality to become indebted (except by a popular vote, which in this...

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