Legal Opinion

Township of Snyder v. Bovaird

Supreme Court of Pennsylvania

Decided October 22, 1888No. 132PublishedCited by 5 opinions

ERROR TO THE COURT OR COMMON PLEAS OR JERRERSON COUNTY. No. 132 October Term 1888, Sup. Ct.; court below, No. 104 May Term 1887, C. P. On March 24, 1887, an appeal was filed by the defendant from the judgment of a justice of the peace in favor of Charles Bovaird and Benj. Shaw, for use of Charles Bovaird, against the township of Snyder.

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ERROR TO THE COURT OR COMMON PLEAS OR JERRERSON COUNTY. No. 132 October Term 1888, Sup. Ct.; court below, No. 104 May Term 1887, C. P. On March 24, 1887, an appeal was filed by the defendant from the judgment of a justice of the peace in favor of Charles Bovaird and Benj. Shaw, for use of Charles Bovaird, against the township of Snyder. On April 16th, a narr was filed, in the first count declaring specially upon the following township order: $132.72. No. 4. Brockwayville, June 15,1885. Supervisors of Snyder township : Pay Charles Bovaird one' hundred and thirty-three dollars and seventy-two…

1Opinion of the Court

Opinion,

Mr. Justice Paxson:

There are numerous authorities which hold that a township order is not such a negotiable instrument that the holder thereof may bring a suit thereon in his own name. Nor will such an instrument bear interest. If the payment of a debt due by the township be unreasonably delayed, interest thereon may be recovered under certain circumstances in a suit on the original indebtedness: Reeside v. Knox, 2 Wh. 233; Warner v. Commonwealth, 1 Pa. 154; Dyer v. Covington Township, 19 Pa. 200; Allison v. Juniata County, 50 Pa. 351; East Union Township v. Ryan, 86 Pa. 459.

The…

2Cases cited5 opinions

  1. East Union Township v. RyanSupreme Court of Pennsylvania · 1878
  2. Reeside v. KnoxSupreme Court of Pennsylvania · 1837
  3. Dyer v. Covington TownshipSupreme Court of Pennsylvania · 1852
  4. Allison v. Juniata CountySupreme Court of Pennsylvania · 1865
  5. Warner v. CommonwealthSupreme Court of Pennsylvania · 1845

3Cited by5 opinions

  1. Jackson v. Conneautville Borough School DistrictSupreme Court of Pennsylvania · 1924
  2. Maneval v. Jackson Tp.Supreme Court of Pennsylvania · 1891
  3. Giessman v. County CommissionersCourt of Appeals of Maryland · 1945
  4. Commonwealth v. SholtisSuperior Court of Pennsylvania · 1904
  5. Benton v. Freedom Township SupervisorsSuperior Court of Pennsylvania · 1934

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