Willey v. Inhabitants of Greenfield
Supreme Judicial Court of Maine
An order, for a valuable consideration, payable to the bearer, was drawn by the selectmen upon the treasurer of the town.
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An order, for a valuable consideration, payable to the bearer, was drawn by the selectmen upon the treasurer of the town. It was immediately passed by the holder into the hands of the collector, in payment of taxes, and he afterwards negotiated it to the plaintiff. contended — 1st. That the selectmen had no authority to issue negotiable paper; that they could only draw upon funds, and that therefore the defendants are not bound. 2. That the collector is to be considered, in this respect, as an agent of the town ; and the discharge of taxes, due to the town, to the amount of the order, was a…
1Per curiam
— The mere fact that an order gets into the possession of the collector, in payment of taxes, is not a payment of the order, unless some further act was done, evidential of that intent.
The defence is not made out. Judgment for plaintiff.
2Cited by2 opinions
- Bardsley v. SternbergWashington Supreme Court · 1897
- West v. Town of ErrolSupreme Court of New Hampshire · 1877