This is an action at law, brought November 8, 1886, in the circuit court of the United States for the western district of Texas, by the German-American Bank, a New York corporation, against the city of Brenham, a municipal corporation of the state of Texas, to recover $4,175 and interest, on 504 coupons, amounting to $4.175, being 280 coupons for $2.50 each, 125 coupons for $5 each, 84 coupons for $25 each, and 15 coupons for $50 each, cut from 50 bonds for $50 each, 25 bonds for $100 each, 14 bonds for $500 each, and 3 bonds for $1,000 each, being all the bonds of the issue, $15,000 in amount. The bonds read as follows, except as to number and amount, and had the proper coupons annexed:
'United States of America. State of Texas, City of Brenham. City of Brenham Bonds. No. ___. $100. Bonds for general purposes, $15,000. Twenty years after date, for value received, the city of Brenham promises to pay to bearer one hundred dollars, with interest at the rate of ten per cent. per annum from date, payable semi-annually, on the first days of September and March of each year, upon presentation of the proper coupon hereto annexed, both principal and interest payable at the office of the treasurer of the city of Brenham. This bond is redeemable by the city of Brenham after the expiration of ten years from date hereof. This bond is authorized by an ordinance of the city of Brenham approved June 7th, A. D. 1879. In witness whereof the mayor and secretary of the city of Brenham hereunto set their hands and affix the seal of the city of Brenham this 31st day of July, A. D. 1879. M. P. KERR, Mayor. [L. S.] C. H. CARLISLE, City Secretary.'
The ordinance referred to in the bonds is set forth in the margin.
The original petition of the plaintiff alleged that the bonds and coupons were issued, executed, sold, and delivered and put in circulation under authority of the ordinance referred to.