Legal Opinion

Fox v. Shipman

Michigan Supreme Court

Decided October 13, 1869PublishedCited by 3 opinions

Error to Calhoun Circuit. This was an action of assumpsit brought by William D. Box against Joseph D. Shipman before a Justice of the Peace for Calhoun County.

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Error to Calhoun Circuit. This was an action of assumpsit brought by William D. Box against Joseph D. Shipman before a Justice of the Peace for Calhoun County. The plaintiff declared verbally as follows: “Plaintiff declares v. defendant on the common counts in assumpsit generally, and specially on an acceptance of a written instrument, which written instrument is in the words and figures following, to wit: “To the Treasurer of the township of Sheridan, pay to S. E. Ceiger, Assessor of School District Number One in said township, the sum of two hundred and thirty four dollars out of moneys…

1Opinion of the Court

The Court

held, that the warrant, or school order, — as the bearer of which the plaintiff brought his action, — was not a negotiable instrument: that it was an official order made by public officers, — the Moderator and Director of the school district, (Laws of 1867, p. 43 § 53), upon another, the Township Treasurer, to pay a sum of money to still another, the Assessor, who is the disbursing officer of the district, (Comp. Laws § 2,275); the duties af each of which are defined by the statutes: that the paying and receiving of the money were official acts, performed in the execution of public…

2Cited by3 opinions

  1. People v. HallMichigan Supreme Court · 1974
  2. Shinn v. Board of EducationWest Virginia Supreme Court · 1894
  3. School District No. 9 v. School District No. 5Michigan Supreme Court · 1879

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