Intermela v. Perkins
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States foi the Northern Division of the Western District of Washington; C. EL Hanford, Judge. Action by David Perkins against Charles D. Intermelá and the American Surety Company. Judgment for plaintiff, and defendants bring error. Interínela Is the treasurer of the city of Port Townsend, Wash., and the American Surety Company is the surety upon his official bond.
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In Error to the District Court of the United States foi the Northern Division of the Western District of Washington; C. EL Hanford, Judge. Action by David Perkins against Charles D. Intermelá and the American Surety Company. Judgment for plaintiff, and defendants bring error. Interínela Is the treasurer of the city of Port Townsend, Wash., and the American Surety Company is the surety upon his official bond. This action was instituted December 19, 1910, by Perkins, the holder of a city warrant drawn upon the indebtedness fund, to recover against the city treasurer, and upon his official bond,…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). [ 1 ] It is first insisted b)' defendants’ counsel that the court is without jurisdiction because the matter in dispute does not exceed $2,000 exclusive of interest and costs. To this it may be answered that this action is not upon the warrant, but against the city treasurer, and upon his official bond, for a breach of his official duty to the damage of the plaintiff. No action accrued against the treasurer until he was in funds to pay the warrant and it had been duly presented for payment; but, being in funds, the treasurer was bound to pay the warrant…
2Cases cited14 opinions
- Winston v. City of SpokaneWashington Supreme Court · 1895
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Little v. City of PortlandOregon Supreme Court · 1894
- Baker v. City of SeattleWashington Supreme Court · 1891
- State ex rel. Summerfield v. TylerWashington Supreme Court · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- Fratto v. Northern Insurance Company of New YorkDistrict Court, W.D. Pennsylvania · 1965
- Simecek v. UNITED STATES NAT. BANK OF OMAHA, NEB.Court of Appeals for the Eighth Circuit · 1937
- Byrd v. ByrdMississippi Supreme Court · 1942
- American Surety Co. of New York v. RitchieCourt of Appeals of Texas · 1945
7 more not listed; retrieve them via the Exa API.