Barry County ex rel. State School Fund v. McGlothlin
Supreme Court of Missouri
Error to Barry Circuit Court. Action on a note payable to Barry county, to the use of the state school fund. The cause of demurrer assigned was, that the county could not sue for money belonging to the school fund, and so the suit was brought in the name of the wrong party. The note, on its face, imports a consideration.
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Error to Barry Circuit Court. Action on a note payable to Barry county, to the use of the state school fund. The cause of demurrer assigned was, that the county could not sue for money belonging to the school fund, and so the suit was brought in the name of the wrong party. The note, on its face, imports a consideration. A note payable to a county vests in the county all the rights which would be vested in an individual by a note payable to him: R. C. 1845, p. 289, sec. 3. 12 Mo. Rep. 97. If the note does not conform to the school law, it is nevertheless a good common law security. 10 Mo.…
1Opinion of the CourtGamble, Judge
Barry county filed a petition against the defendants, alleging that they made their promissory note, by which they promised, for value received, to pay to plaintiff the sum of seventy-three dollars and fifty cents, twelve months after date, which amount, with the interest, remained unpaid. The defendants demurred to the petition, and the demurrer was sustained, and judgment for the defendants.
1. The note appears, by the petition, to have been made payable directly to Barry county, and, although there may be a duty to apply the money in a particular manner, or to a particular object, the…
2Cited by2 opinions
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
- Turner v. Clark CountySupreme Court of Missouri · 1878