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19465Something Other than Gold and Silver Coin in Payment

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  • Legalbear
    Jun 18, 2013

      In Thomas v. City of Richmond, 12 Wall. 349, 20 L.Ed. 453, Thomas brought his suit to recover on notes issued by the city. As in the instant case, it was criminal both for the city authorities to issue them and on the part of the party who paid for them. Of this the Court said in 12 Wall. at page 356, "* * * The issuing of bills as a currency by such a corporation without authority is not only contrary to positive law, but, being ultra vires, is an abuse of the public franchises which have been conferred upon it; and the receiver of the bills, being chargeable with notice of the wrong, is in pari delicto with the officers, and should have no remedy, even for money had and received, against the corporation upon which he has aided in inflicting the wrong * * *." (Emphasis supplied.)


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