Dana & Brother v. City of San Francisco
California Supreme Court
Appeal from the Fourth District. Suit upon four warrants drawn by the Auditor of San Francisco county upon the Treasurer thereof.
Read the full summary
Appeal from the Fourth District. Suit upon four warrants drawn by the Auditor of San Francisco county upon the Treasurer thereof. Three of the warrants were drawn in 1855, and one in January, 1856, all in form similar to the one of which the following is a copy, with similar indorsements : “Auditor’s Office, San Francisco, July 5th, 1855. “ County Auditor’s Office : No. 361. “ Treasurer "of San Francisco county will pay to the order of J. D. Musgrove the sum of $1,000, as ordered by the Board of Supervisors, for making county maps. [Signed.] “ James Grant, “ $1,000. County Auditor.” Across…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
We think that the plaintiff, counting alone upon the county scrip or warrants, as negotiable instruments, evidencing of themselves an indebtedness on the part of the county, cannot maintain his pretension. This seems to be decided by the case of The People v. Supervisors of El Dorado County (11 Cal. 170). The reason is, that *491the Auditor had no authority to draw a bill of exchange, but he can only, in certain cases, issue warrants upon the order of the Supervisors, or the allowance by the Board of an account, which is chargeable as a debt upon the county. The warrant is…
2Cases cited1 opinion
- People ex rel. Raun & Plant v. Bd. of Supervisors of El Dorado Cty.California Supreme Court · 1858
3Cited by13 opinions
- Board of Social Welfare v. County of Los AngelesCalifornia Supreme Court · 1945
- State v. Family Bank of HallandaleSupreme Court of Florida · 1993
- People v. NorwoodCalifornia Court of Appeal · 1972
- State ex rel. First National Bank v. CookNebraska Supreme Court · 1895
- Greeley v. Cascade CountyMontana Supreme Court · 1899
8 more not listed; retrieve them via the Exa API.