Tutt ex rel. Hardy v. Hobbs
Supreme Court of Missouri
Appeal from Henry Circuit Court. 1. The appellant and Elkins made the agreement with respondent, aS' trustees of the school district, and this was known to the respondent; they were authorized by law and by the district to employ a teacher; they are, therefore, not liable in their individual capacity. Ratlibun v. Budlong, 15 J. R. 1. Cairns & Lord v. Bleeker, 12 J. R. 300. 1 Tenn.
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Appeal from Henry Circuit Court. 1. The appellant and Elkins made the agreement with respondent, aS' trustees of the school district, and this was known to the respondent; they were authorized by law and by the district to employ a teacher; they are, therefore, not liable in their individual capacity. Ratlibun v. Budlong, 15 J. R. 1. Cairns & Lord v. Bleeker, 12 J. R. 300. 1 Tenn. R. top paging, 103, 386. Swift v. Hopkins, 13 J. R. 312. 2. The appellant was entitled to notice of the non-payment of the order. 20 J. R. 149. 1 M. & S. 229. Bailey on Bills, 5, 306. The appellant is individually…
1Opinion of the CourtRylaND, Judge
The plaintiff below sued Hobbs on the following order, before a justice of the peace, viz. :
“ To James Freeman, commissioner of common schools, in township No. 43, and range 26, Henry county, Missouri:
“ Hear Sir — Pay to Gabriel Tutt, or order, one hundred and seventy-five dollars 75-100 cents, being the amount of tuition due him April 1st, 1848.
“ S. B. HOBBS, ‘ “ P. D. ELKINS, ► Trustees.”
On which order were the following endorsements :
“April 4th, 1848. Received on within, - - $11 75
June 9th, 1848. Received on within, - - 18 10
June 10th, 1848. Received on within, - - - 19 87J
Eeb’y 3d, 1849.…
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