School Trustees v. Kirwin
Illinois Supreme Court
The complainants, plaintiffs in error, filed in the Kane county Circuit Court their bill of complaint against Mary Ann Kirwin, executrix, etc., of Francis M. Kirwin, and by supplemental bill made Henry Stevens, administrator of F. M. Kirwin, deceased, and Augustus M. Herrington, administrator of Rolla French, parties defendant.
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The complainants, plaintiffs in error, filed in the Kane county Circuit Court their bill of complaint against Mary Ann Kirwin, executrix, etc., of Francis M. Kirwin, and by supplemental bill made Henry Stevens, administrator of F. M. Kirwin, deceased, and Augustus M. Herrington, administrator of Rolla French, parties defendant. It appears that at a regular meeting of the board of school trustees, Rolla French was appointed township treasurer ; that he held that office until his death. That, as township treasurer, he received from time to time funds belonging to the corporation, and that at…
1Opinion of the CourtBreese, J.
There can be no doubt, from the evidence, that the money French received of West and Moore at Geneva, on the 20th of March, 1858, on the check or order of David Higgins, the school commissioner, was deposited by French in Kirwin’s bank in his own name, and amounted to twelve hundred and ninety-two dollars and thirty-seven cents. The school fund had no account in that banking house, French, the treasurer, making all his deposits of school money to his own credit.
Of this money, received on Higgins’ check, on the 20th of March, one bag of silver, containing two hundred and seventy-five dollars,…
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