St. Joseph School Board ex rel. Donovon v. Hull
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) It was freely admitted on the trial, and is the law, that the warrant in question did not bear interest and that Hull, the treasurer, had no authority at any time to pay any further sum thereon than the amount expressed in its face. Dyer v. Covington Twp., 19 Pa. St. 200; Allison v. Juniata Co., 50 Pa.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) It was freely admitted on the trial, and is the law, that the warrant in question did not bear interest and that Hull, the treasurer, had no authority at any time to pay any further sum thereon than the amount expressed in its face. Dyer v. Covington Twp., 19 Pa. St. 200; Allison v. Juniata Co., 50 Pa. St. 351. (2) And it is also settled that a suit will lie against an officer and his sureties, upon his official bond, at the relation of any person injured by a breach of the condition of the bond. State ex rel. v.…
1Opinion of the CourtEllison, J.
This action is based on the official' bond of defendant Hull, treasurer of the St. Joseph school board, and the other defendants as his sureties. Judgment in the trial court was for defendants.
STATEMENT. It appears that there was issued to relator by the school board a warrant for $23,500 for the purchase money of a school house site in the city of St. Joseph. That a suit was begun against defendant Hull enjoining the payment of the warrant. A temporary restraining order was granted in the first, part of July, 1894, which was continued until August 1, when it was dissolved. The suit was…
2Cases cited12 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Amy v. The SupervisorsSupreme Court of the United States · 1871
- Hargroves v. CookeSupreme Court of Georgia · 1854
- Potter v. DouglassSupreme Court of Connecticut · 1877
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- Biddlecom v. General Accident Assurance Co.Missouri Court of Appeals · 1912
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1939
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