City of Butte v. Goodwin
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the City of Butte against Phil. C. Goodwin and the sureties on his bond as city treasurer, to recover interest alleged to have been received by him on public funds and which he failed to turn over to the eity. From a judgment of nonsuit, plaintiff appeals. Mr. Justice Sanner dissenting in part.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the City of Butte against Phil. C. Goodwin and the sureties on his bond as city treasurer, to recover interest alleged to have been received by him on public funds and which he failed to turn over to the eity. From a judgment of nonsuit, plaintiff appeals. Mr. Justice Sanner dissenting in part. This action of ours is based directly upon the common law as to the right of the thing — the equitable principle that has been grafted in and become a part of that common law: that all profit of every nature made by a…
1Opinion of the CourtJustice Holloway
From the first Monday in May, 1905, to the first Monday in May, 1907, Phil. C. Goodwin was city treasurer of the city of Butte, and during that period it is claimed that he had on deposit with a bank large sums of public funds of the city, upon which the bank paid him interest in amounts aggregating $4,243.39. It is to recover this money that this suit was brought by the city against Goodwin and the sureties on his official bond. It is alleged that notwithstanding he received this amount of interest upon the public funds belonging to the city, he failed and refused to account for or pay over…
2Cases cited15 opinions
- Walton v. United StatesSupreme Court of the United States · 1824
- State v. McFetridgeWisconsin Supreme Court · 1893
- Spokane County v. PrescottWashington Supreme Court · 1898
- Ryus v. GrubleSupreme Court of Kansas · 1884
- County of Sonoma v. HallCalifornia Supreme Court · 1901
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3Cited by27 opinions
- City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
- Hatcher v. State of TexasTexas Supreme Court · 1935
- City of Jersey City v. HagueSupreme Court of New Jersey · 1955
- Stagg v. StaggMontana Supreme Court · 1931
- Maki v. Anaconda Copper Mining Co.Montana Supreme Court · 1930
22 more not listed; retrieve them via the Exa API.