Bank of Park River v. Town of Norton
North Dakota Supreme Court
Appeal from District Court, Walsh county; Lauder, J., sitting by request. Action by Bank of Park River against the town of Norton. Judgment for plaintiff. Defendant appeals. Township order not drawn on the fund out of which it is payable, is void. I Dil. Mun. Corp. 505; Argenti v. City of San Francisco, 16 Cal. 255; Martin v. City and County of San Francisco, 16 Cal. 285; Wilson v. City of Aberdeen, 52 Pac. Rep. 524; Minor v. Legging, 37 S. W. Rep. 1086, 15 Am. & Eng.
Read the full summary
Appeal from District Court, Walsh county; Lauder, J., sitting by request. Action by Bank of Park River against the town of Norton. Judgment for plaintiff. Defendant appeals. Township order not drawn on the fund out of which it is payable, is void. I Dil. Mun. Corp. 505; Argenti v. City of San Francisco, 16 Cal. 255; Martin v. City and County of San Francisco, 16 Cal. 285; Wilson v. City of Aberdeen, 52 Pac. Rep. 524; Minor v. Legging, 37 S. W. Rep. 1086, 15 Am. & Eng. Enc. of L. (1st Ed.) 1214; People ex rel. J. G. Cooke v. Lewis Wood, 71 N. Y. 371; Baker v. City of Seattle, 27 Pac. Rep. 462;…
1Opinion of the CourtMorgan, J.
The complaint states a cause of action against the defendant, based on a township order issued by it in favor of the Fleming Manufacturing Company for the sum of $100. The answer alleges that defendant is not liable on said order, for the reason that the township board had no authority to issue the same on account of its failure to comply with the statutory requirements made and provided in such cases; that such order was issued in payment of a road grader purchased by said board; and that such order is void by reason of the fact that it was issued without a petition to said board to purchase…
2Cases cited3 opinions
- Nichols & Shepard Co. v. StanglerNorth Dakota Supreme Court · 1897
- Erickson v. Citizen's National BankNorth Dakota Supreme Court · 1899
- Hagen v. GilbertsonNorth Dakota Supreme Court · 1901
3Cited by8 opinions
- Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.North Dakota Supreme Court · 1909
- Duncan v. Great Northern Railway Co.North Dakota Supreme Court · 1908
- Stevens v. MeyersNorth Dakota Supreme Court · 1905
- Citizens National Bank v. Osborne-McMillan Elevator Co.North Dakota Supreme Court · 1911
- Van Woert v. Modern Woodmen of AmericaNorth Dakota Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.