Legal Opinion

Borough of Port Royal v. Graham

Supreme Court of Pennsylvania

Decided June 11, 1877PublishedCited by 6 opinions

Error to the Court of Common Pleas of Juniata county: Of May Term 1877, No. 173. Debt by George M. Graham against the borough of Port Royal (formerly Perrysville) on the folloAving instrument of writing:— “No. 8. Perrysville, January 27th 1865. $225.84. Treasurer of Perrysville Borough.

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Error to the Court of Common Pleas of Juniata county: Of May Term 1877, No. 173. Debt by George M. Graham against the borough of Port Royal (formerly Perrysville) on the folloAving instrument of writing:— “No. 8. Perrysville, January 27th 1865. $225.84. Treasurer of Perrysville Borough. Pay to G. M. Graham, or order, two hundred and [seal oe the borough.] twenty-five 84-100 dollars, with interest from September 1st 1864, out of the borough funds of Perrysville borough, for bounty money loaned to the town council, for which this shall be your voucher. Coller Wix, President. Attest: G. W.…

1Opinion of the Court

The judgment of the Supreme Court was entered

2Per curiam

It has been held repeatedly, and in one case very recently, that an ordinary county warrant drawn on the treasurer •in payment of a debt, is not per se a proper subject of an action as upon a promise in writing. That it may enter into the evidence in an action to recover a debt may well be, but it is not an order or draft which itself may become the foundation of the action. But in this case the paper, though in form a warrant to authorize a payment and to be held as a voucher, contains other matters which establish it to be a contract and evidence…

3Cases cited1 opinion

  1. Lessee of Dilworth v. SinderlingSupreme Court of Pennsylvania · 1808

4Cited by6 opinions

  1. In Re Estate of HallSupreme Court of Pennsylvania · 1987
  2. Miners S. Bank v. Duryea BoroughSupreme Court of Pennsylvania · 1938
  3. Hodge v. Me-Bee Co.Supreme Court of Pennsylvania · 1968
  4. Nicolazzo EstateSupreme Court of Pennsylvania · 1964
  5. Stocker v. HutterSupreme Court of Pennsylvania · 1890

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