City of Lansing v. Wood
Michigan Supreme Court
Error to Ingham. (Gridley, J.) Debt. Defendants bring error. Whether a fiscal officer cannot transfer funds to his successor by certificates of deposit (Eyles v. Ellis 4 Bing. 112; 2 Pars. Cont. 625) which have the same effect, though expressly payable in current funds, as though not made so, if there is no evidence that any medium of payment is meant that is not as good as gold: Phcenix Ins.
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Error to Ingham. (Gridley, J.) Debt. Defendants bring error. Whether a fiscal officer cannot transfer funds to his successor by certificates of deposit (Eyles v. Ellis 4 Bing. 112; 2 Pars. Cont. 625) which have the same effect, though expressly payable in current funds, as though not made so, if there is no evidence that any medium of payment is meant that is not as good as gold: Phcenix Ins. Go. v. Allen 11 Mich. 501; Phcenix Go. v. Gray 13 Mich. 191; Phelps v. Town 14 Mich. 374; see Strony v. Hart 6 B. & 0. 160; Vernon v. Boveric 2 Show. 296; Guardians, déc. v. Greene 1 H. & N. 884; Eyles…
1Opinion of the CourtChamplin, J.
I am of opinion .that a new trial should be awarded in this case, for the reasons following:
1. Ms to the moneys claimed by the city, other thorn, moneys belonging to the school fund. The declaration is upon an official bond given' by Wood, as city treasurer of the city of Lansing. The only breach alleged, under which a recovery can be had under the evidence, is the failure to pay over to his successor in office the money remaining in his hands as such treasurer.
Section 11 of title 4 of the charter of the city of Lansing, in addition to the powers especially conferred upon them thereby,…
2Cited by12 opinions
- Board of Fire & Water Commissioners v. WilkinsonMichigan Supreme Court · 1899
- State v. HillNebraska Supreme Court · 1896
- Hunt v. HopleySupreme Court of Iowa · 1903
- State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
- Gillen v. Wakefield State BankMichigan Supreme Court · 1929
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