Legal Opinion

Bayliss ex rel. Gooding v. Pearson

Supreme Court of Iowa

Decided December 9, 1863PublishedCited by 1 opinion

Appeal from Polk District Court. Suit brought before a justice of the peace-to recover about thirty dollars, being the balance due on the follow: ing note: “$561. On demand, we, as committeemen for the erection of a school house in District No. 3, of Camp Township, Polk county, Iowa, promise to pay Milton Q. Pair five hundred and sixty-one dollars, for value received this 10th day of June, 1857. [Signed] “V. W. Young, A. B. Persons.”

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Appeal from Polk District Court. Suit brought before a justice of the peace-to recover about thirty dollars, being the balance due on the follow: ing note: “$561. On demand, we, as committeemen for the erection of a school house in District No. 3, of Camp Township, Polk county, Iowa, promise to pay Milton Q. Pair five hundred and sixty-one dollars, for value received this 10th day of June, 1857. [Signed] “V. W. Young, A. B. Persons.” The defendants pleaded an off-set for $200 damages that School District No. 3, in Camp Township, had sustained by non-compliance with the contract in building…

1Opinion of the CourtLowe, J.

Two or three points ruled against the defendants below are renewed here for revision.

I. It is claimed that the defendants are not personally liable upon the note sued, for the reason that it is in fact and law the instrument of School District No. 3.

In our opinion, the authorities cited do not sustain this position; yet they go as far in that direction as we deem . it safe at present. It will be observed that the instrument before us does not purport to have been executed by the school board of said District, or by any of its officers; that *282it contains no descriptive words, either in its…

2Cited by1 opinion

  1. Corrigan v. O'REILLYSupreme Court of Rhode Island · 1954

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