Brooks v. Franconia School District
Supreme Court of New Hampshire
Bill in Equity, for an injunction. Transferred from tbe September term, 1904, of tbe superior court by Pike, J. Under an article in tbe warrant for a school meeting held in Marcb, 1904, “ to see how much money the district will raise to establish a lighting plant to light Dow Academy,” tbe district appropriated a sum of money for that purpose, tbe expenditure of which tbe plaintiffs, who are taxpayers in the district, seek to prevent.
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Bill in Equity, for an injunction. Transferred from tbe September term, 1904, of tbe superior court by Pike, J. Under an article in tbe warrant for a school meeting held in Marcb, 1904, “ to see how much money the district will raise to establish a lighting plant to light Dow Academy,” tbe district appropriated a sum of money for that purpose, tbe expenditure of which tbe plaintiffs, who are taxpayers in the district, seek to prevent. Dow Academy is a private educational corporation, originally established for tbe purpose of “ maintaining a school in the town of Franconia . . . for the…
1Opinion of the CourtWalker, J.
The academy received the $4,500 from the district for the purpose of erecting a school building for the town district. It is not claimed that this was an unauthorized gift of the district’s money to the academy. In fact, the contract shows that it was paid to the academy charged with a trust in favor of the inhabitants of the district. If the district did not acquire a title to the school building, in consequence of the investment of its money therein, the academy did not become the absolute owner of it, but assumed the duties of a trustee to hold the property, paid for in part by its funds…
2Cases cited4 opinions
- Sawyer v. Manchester & Keene RailroadSupreme Court of New Hampshire · 1882
- Holt v. AntrimSupreme Court of New Hampshire · 1886
- Kelley v. KennardSupreme Court of New Hampshire · 1880
- Page v. Haverhill AcademySupreme Court of New Hampshire · 1884