Dyer v. Covington Township
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. A case was stated to February Term, 1850, in relation to a claim by Edwin Dyer v. The Township of Covington, and the question submitted was, whether the township was liable for interest on certain orders held by the plaintiff.
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Error to the Common Pleas of Tioga county. A case was stated to February Term, 1850, in relation to a claim by Edwin Dyer v. The Township of Covington, and the question submitted was, whether the township was liable for interest on certain orders held by the plaintiff. They were orders drawn by the township supervisors, elected under the provisions of the Act of 15th April, 1834, relating to counties and townships and township officers, on the treasurer of the township, and were payable “out of the moneys'in his hands arising from the road taxes.” The orders were dated at various times in…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
These township orders are not bills of exchange, Warner v. The Commonwealth, 1 State Rep. 154, nor contracts of any kind; but merely directions to the township treasurer to pay certain moneys on account of the township, being the usual form in which all public debts are paid. If there be no funds in hand the orders are not paid; but this is not necessarily a breach even of the original contract on which the orders are given, for they *201may be issued in advance of the time of payment agreed upon. They are not or should not be intended for…
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