Foss v. Place
Supreme Court of New Hampshire
Bill in Equity, by the plaintiff individually as a taxpayer and officially as the mayor of Dover against the police commissioners and the chief of police of the city, to restrain the defendants from seeking to appropriate the funds of the city to the payment for an automobile patrol wagon. The defendants purchased the wagon intending to use the city’s money in payment therefor.
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Bill in Equity, by the plaintiff individually as a taxpayer and officially as the mayor of Dover against the police commissioners and the chief of police of the city, to restrain the defendants from seeking to appropriate the funds of the city to the payment for an automobile patrol wagon. The defendants purchased the wagon intending to use the city’s money in payment therefor. The question transferred without a ruling by Sawyer, J., from the September term, 1914, of the superior court relates to the legal right of the defendants to purchase the wagon for the city or on its credit. The…
1Opinion of the CourtWalker, J.
So far as appears from the case the plaintiff is not entitled to relief in equity. If the defendants had no authority to purchase the automobile for the use of the police department of Dover or to pledge the credit of the city to pay for it, the plaintiff as the mayor of the city and as its representative has the power under the city ordinances to refuse to draw his warrant for the payment for the machine. His injunctive power is adequate to prevent the application of the public funds to this purpose, until the right of the defendants to reimbursement is established by appropriate proceedings…
2Cases cited2 opinions
- Claremont v. RandSupreme Court of New Hampshire · 1911
- Perkins v. FoyeSupreme Court of New Hampshire · 1881
3Cited by2 opinions
- Salganik v. United States Fire InsuranceSupreme Court of New Hampshire · 1922
- McShane v. DoverSupreme Court of New Hampshire · 1922