Citizens Bank v. Town of Ludowici

1. The petition as originally filed showed an action in three counts against a municipal corporation and its mayor and aider-man individually, to recover on a promissory note given to secure a loan to the municipality. In one.of the counts an action for money had and received was attempted, but, while it was so designated by the pleader, its recitals plainly evidence an action on a contract.(a) The petition, failing to show that the debt evidenced by the note sued on was within the municipality’s power to contract or within the saving exceptions of the constitution (Civil Code, § 6563), was…