Goose River Bank v. Willow Lake School Township
North Dakota Supreme Court
A PPEAL from district court, Steele county; Hon. Roderl \ • iok Rose, Judge. This was an an action on three warrants issued by defendant in payment of wages of a teacher.
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A PPEAL from district court, Steele county; Hon. Roderl \ • iok Rose, Judge. This was an an action on three warrants issued by defendant in payment of wages of a teacher. The defense was that the teacher held no certificate, and that therefore the warrants were void. argued: That defendant is estopped to make the defense which it pleads, the plaintiff being a bona fide purchaser for value; citing Comrs. v. January, 94 U. S. 202; Kenicott v. Supervisors, 16 .Wall. 452; and other cases. maintained that the warrants not being negotiable, the doctrine of estoppel does not apply; citing School…
1Opinion of the CourtCorliss, C. J.
The judgment in favor of the defendant must be affirmed. The action was upon three school township warrants, issued by the officers of the defendant. These warrants are void. They were issued to pay for the services of a teacher who held no lawful certificate of qualification. No such person can be employed to teach. The statute so declares, and any contract made in violation of this provision is void by the express terms of the same act. § 1723, Comp. Laws. There was therefore no consideration for these warrants. The teacher had no claim against the defendant, because the statute declares…
2Cases cited10 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Litchfield v. BallouSupreme Court of the United States · 1885
- Thomas v. City of RichmondSupreme Court of the United States · 1871
- Mayor v. RaySupreme Court of the United States · 1874
- Wall v. County of MonroeSupreme Court of the United States · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Smith v. LawrenceSouth Dakota Supreme Court · 1891
- Board of Com'rs v. SherwoodCourt of Appeals for the Eighth Circuit · 1894
- Engstad v. DinnieNorth Dakota Supreme Court · 1898
- Northwestern Sheet & Iron Works v. County of SiouxNorth Dakota Supreme Court · 1949
- Capital Bank v. School District No. 53North Dakota Supreme Court · 1890
21 more not listed; retrieve them via the Exa API.