District Township of Washington v. Thomas
Supreme Court of Iowa
Appeal from Li/rvn Circuit Court. Action upon a promissory note executed to the plaintiff by the defendant and one Mounce. The defendant for answer averred that he signed the note as surety; that the principal absconded; that the electors of the district township voted to release the defendant and afterwards the directors of the district township voted to release him, whereby he become released and discharged.
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Appeal from Li/rvn Circuit Court. Action upon a promissory note executed to the plaintiff by the defendant and one Mounce. The defendant for answer averred that he signed the note as surety; that the principal absconded; that the electors of the district township voted to release the defendant and afterwards the directors of the district township voted to release him, whereby he become released and discharged. The plaintiff demurred to the answer and the demurrer was sustained. The defendant elected to stand upon his answer, and judgment was rendered for the ‘plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
It was held in District Township of Taylor v. Morton, 37 Iowa, 550, that a board of directors of a district township cannot, without consideration, discharge a debtor, unless authorized by the electors. It was not held, however, that the electors could authorize such discharge. In the case at bar they attempted to authorize the discharge, and did authorize it if they had the power; and the question presented is as to whether they had the power.
The electors of a district township can exercise such powers only as are conferred by statute, either expressly or by reasonable'implication. The…
2Cases cited1 opinion
- District Township of Taylor v. MortonSupreme Court of Iowa · 1873
3Cited by2 opinions
- Brockman v. City of CrestonSupreme Court of Iowa · 1890
- Valentine v. Independent School DistrictSupreme Court of Iowa · 1919