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SMELTZER V. WHITE, 92 U. S. 390 (1875)

U.S. Supreme Court

Smeltzer v. White, 92 U.S. 390 (1875)

Smeltzer v. White

92 U.S. 390


1. Warrants issued on the county treasurer subsequently to the year 1860 by order of the board of supervisors of a county in Iowa and duly signed by their clerk were not, unless sealed with the county seal, genuine and regularly issued, and the treasurer was not authorized to pay them.

2. Where such warrants were sold by a citizen of Iowa to a citizen of another state, with a guaranty that they were "genuine and regularly issued," held that the former thereby undertook that the warrants were not, in a suit brought against the county, subject to any defense founded upon a want of legal form in the signatures or seals, and that the absence of the county seals being a breach of the warranty, the vendee, without returning or tendering the warrants, was entitled to recover of the vendor the damages which he had sustained by such breach.

The plaintiff in error, who is a citizen of Iowa having sold to the defendant in error, a citizen of Maryland, certain warrants purporting to be issued by the counties of O'Brien, Buena Vista, and Clay, in the State of Iowa guaranteed in writing that they were "genuine and regularly issued."

Payment of said warrants having been demanded and refused, suit was brought against the several counties. They demurred upon the ground that the warrants were not issued under the proper seal of the county, and judgment was rendered in their favor, whereupon this suit was instituted.

The circuit court rendered a judgment in favor of the plaintiff below, whereupon Smeltzer sued out this writ of error.

Page 92 U. S. 391

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