18 F. 873 | U.S. Circuit Court for the District of Colorado | 1883
These actions are upon warrants signed by the chairman of the board of county commissioners and the clerk of the county, on the county treasury for different sums, and payable to different persons or bearer; all of them excepting two, (to be mentioned hereafter) appear to have been issued for the current expenses of the county. The warrants were not issued to the plaintiff, and the citizenship of the persons to whom they were issued is not averred. A question has arisen whether upon such warrants payable to a person named, or to bearer, which circulate from hand to had without endorsement, an action may be maintained by a holder, a citizen of another State, against a county in this State, without showing that the persons to whom they were issued are qualified to sue in this Court. It cannot be contended that such warrants are negotiable as bills of exchange or promissory notes, and free from all equities in the hands of an innocent holder. All holders take them subject to any defense that may be made against the payee, even when they are payable to bearer. (Dillon’s