Sacramento County v. Rhodes & Maddux

The cause is fully reported in the decision of Judge Howell.

By consent of parties the issues of fact herein were submitted to the Court for trial without the intervention of a jury, and from the evidence I find the following facts, to wit:

1st. That on the 15th day of September, 1855, the “ Bqard of Supervisors of Sacramento county,” acting for and on behalf of said county, entered into a contract with the defendant, John M. Rhodes, for the purchase of nine hundred shares of the capital stock of the “ Sacramento Turnpike and Plank Road Company,” a joint stock company incorporated under the provisions of the act of the 12th of May, 1853, for the consideration of twenty-six thousand dollars in the warrants of said county, drawn upon the general fund.'

3d. That in pursuance of, and in accordance with the foregoing contract and order, the Auditor of said county drew and delivered to the said John M. Rhodes twenty-six warrants upon the County Treasurer, for one thousand dollars each, payable to the said Rhodes out of any money in the treasury belonging to the general county fund, not otherwise appropriated, and numbered from 480 to 505, and inclusive of said numbers; which said…