Sweet v. County Commissioners
Supreme Court of Minnesota
This action was brought in tbe district court for Carver county, to recover the amount claimed to be due to the plaintiff from the defendant upon certain orders drawn by the defendant upon the treasurer of Carver county, and payable to the persons named therein or bearer.
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This action was brought in tbe district court for Carver county, to recover the amount claimed to be due to the plaintiff from the defendant upon certain orders drawn by the defendant upon the treasurer of Carver county, and payable to the persons named therein or bearer. Upon a trial by the court, without a jury, it appeared that some time in the year 1862, the plaintiff was the owner of the orders in question, and deposited the same with his brother, for safe keeping; that upon his brother’s death, on the 12th June, 1865, the plaintiff made search for the orders, but was unable to find any…
1Opinion of the Court
By the Court.
Berry, J.
Sec. 147, ch. 8, Gen. Stat., enacts that “-the county treasurer, when any order drawn on him as treasurer * * * is presented for payment, shall, if there is money in the treasury for that purpose, redeem the same.” The county orders to which this action relates were, upon their face, made payable to the parties to whom they were issued, or bearer, by the county treasurer, out of any moneys in the treasury, not otherwise appropriated. They were, therefore, by their own terms transferable by delivery. And as they directed the treasurer to pay the sums therein named to the…
2Cited by3 opinions
- Moore v. NormanSupreme Court of Minnesota · 1890
- Board of County Commissioners v. NelsonSupreme Court of Minnesota · 1892
- Gandrud v. BremerSupreme Court of Minnesota · 1945