Stone v. Town of Peewee Valley

Opinion of the Court by

Morris, Commissioner—

Affirming.

On October 13, 1933, appellant by way of ordinary action sought to recover of appellee, a town of the sixth class, on two promissory notes, one dated August 31, 1931, for $800, another dated August 14, 1931, for $1,000, each due in one year, and bearing 6 per cent interest. The petition asserted the execution of the notes “by the board of trustees” of the town and asked for judgment for the two amounts and interest.

At this point Wilhoite, a taxpayer, was permitted to file answer, in which he denied the liability of the city, charging…