Packard v. Town of Bovina
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action on town orders. The issue was as to demand and refusal of payment. A witness for the plaintiff testified that, on, etc., she went to the residence of the town treasurer, and presented the orders for payment to a son of the latter, fifteen or sixteen years old, who said that he had no money to pay on the orders, and that his father was at Chicago, and when he got back, he (the son) would tell him of it.
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APPEAL from the Circuit Court for Outagamie County. Action on town orders. The issue was as to demand and refusal of payment. A witness for the plaintiff testified that, on, etc., she went to the residence of the town treasurer, and presented the orders for payment to a son of the latter, fifteen or sixteen years old, who said that he had no money to pay on the orders, and that his father was at Chicago, and when he got back, he (the son) would tell him of it. “He (the boy) was in the barn when I got there. I presented the order to him in front of the house.” Judgment of nonsuit, etc.; and…
1Opinion of the CourtPaihe, J.
The judgment in this case must be affirmed. A town is not liable on an order drawn on its treasurer, until the order has been presented for payment,- and payment refused. It is like a bill of exchange or check. There is no default until the drawee has refused payment.
A demand being necessary, it would scarcely be insisted that a demand upon the treasurer’s boy, fourteen or fifteen years old, at the barn, and in the absence of the treasurer, was any demand upon him.
By the Court. — Judgment affirmed, with costs.
2Cited by5 opinions
- Reichert v. Milwaukee CountyWisconsin Supreme Court · 1914
- Bigelow v. Town of WashburnWisconsin Supreme Court · 1898
- Schriber v. Town of RichmondWisconsin Supreme Court · 1888
- Schloss v. Board of Co. CommissionersColorado Court of Appeals · 1891
- Schloss v. Board of Co. CommissionersColorado Court of Appeals · 1891