Manning v. District Township
Supreme Court of Iowa
Appeal from General Term Second District (Van Bunen County). The plaintiff claims, in his petition, to recover upon an order drawn by the president and secretary of defendant, upon the treasurer, for $342.10, dated July 7, 1865, and payable on the 10th day of April, 1867, with ten per centum per annum interest, to Andrews & Bigelow or bearer. The order specifies that it is payable out of the contingent fund, and was given for maps, globes and other school apparatus.
Read the full summary
Appeal from General Term Second District (Van Bunen County). The plaintiff claims, in his petition, to recover upon an order drawn by the president and secretary of defendant, upon the treasurer, for $342.10, dated July 7, 1865, and payable on the 10th day of April, 1867, with ten per centum per annum interest, to Andrews & Bigelow or bearer. The order specifies that it is payable out of the contingent fund, and was given for maps, globes and other school apparatus. A quantum meruit count of the petition is based upon an implied contract arising from the receipt and use of tbe apparatus for…
1Opinion of the CourtBeck, J.
l. school cohof Aciü-eótoreWto bind district. The facts of the case are substantially the same as those of Taylor v. District Township of Wagner, 25 Iowa, 448. The several points ruled in that case are decisive of like questions • . . . r\ • . i arising m this. One point, however, upon which the decision in that case principally turned, was conceded by counsel and is not discussed in the opinion, namely: the board of directors, or the directors acting individually, had no authority to make the contract sued upon. Counsel for plaintiff in this case insists that the power under the law is…
2Cases cited2 opinions
- Williams v. PeinnySupreme Court of Iowa · 1868
- Shepherd v. District TownshipSupreme Court of Iowa · 1867
3Cited by3 opinions
- McPherson v. Foster Bros.Supreme Court of Iowa · 1876
- Monticello Bank v. District Township of Coffin's GroveSupreme Court of Iowa · 1879
- American Ins. v. District Tp.Supreme Court of Iowa · 1881