King Iron Bridge & Manuf'g Co. v. County of Otoe
United States Circuit Court
Debt on'County Warrants. Demurrer to answer. This suit is based upon two county warrants, properly drawn upon the treasury of the defendant, which were duly presented for payment, but were not paid for want of funds to meet the same.
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Debt on'County Warrants. Demurrer to answer. This suit is based upon two county warrants, properly drawn upon the treasury of the defendant, which were duly presented for payment, but were not paid for want of funds to meet the same. The one warrant was issued to Z„ King or order, on the ninth October, 1878, for $1,605, and was presented to-the treasurer for payment on the twenty-third day of October, 1878, and indorsed by the treasurer: “Presented, and not paid for want of funds.” The other warrant was issued to the said King on the ninth January, 1879, for $1,605, and was presented for…
1Opinion of the CourtDundy, J.
When a claim against a county has been audited, and warrants have been drawn on the treasury therefor, and such war*801rants have been accepted by the creditor, he must present them to the treasury for payment before he can properly sue the county thereon. When presented to the treasurer for payment, and payment is refused, the right to sue becomes complete and absolute, and the lawful holder of the warrants can then proceed to have his claim reduced to judgment. There was nothing whatever in the way of /. King, the payee, or the plaintiff, his assignee, suing on said warrants at any time after…
2Cases cited123 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Bell v. MorrisonSupreme Court of the United States · 1828
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
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3Cited by2 opinions
- In re BergDistrict Court, D. Minnesota · 1940
- Willimantic Linen Co. v. Clark Thread Co.U.S. Circuit Court for the District of New Jersey · 1879