City of Fargo v. Cass County
North Dakota Supreme Court
Appeal from the District Court of Cass County, Pollock, J. Where a county treasurer in his official capacity has money in his hands belonging to another, the remedy is by action against the county as for money had and received. In legal contemplation the county holds the money, hence the county should be sued. State ex rel.
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Appeal from the District Court of Cass County, Pollock, J. Where a county treasurer in his official capacity has money in his hands belonging to another, the remedy is by action against the county as for money had and received. In legal contemplation the county holds the money, hence the county should be sued. State ex rel. Worcester v. Nelson, 105 Wis. 111, 80 N. W. 1105. Money wrongfully paid out by the county treasurer in a settlement between the county and township must be accounted for by the county. Cumming Twp. v. Ogemaw County, 100 Mich. 567, 59 N. W. 240. “The duties of the county…
1Opinion of the CourtGoss, J.
This action for money had and received is brought by the city of Fargo against Cass county for $3,847 and interest. The city has' appealed from a judgment of dismissal. The facts are undisputed. Various county treasurers of Cass county from July, 1901, until November, 1910, retained 1 per cent of all city special assessments, as fees for collection. This action is brought to recover the aggregate of such deductions.
The county contends that this 1 per cent was misappropriated by said officials, and that it has not had or received the use or benefit of any part of said so-called commissions;…
2Cases cited28 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- Fowle v. Common Council of AlexandriaSupreme Court of the United States · 1830
- Ogg v. City of LansingSupreme Court of Iowa · 1872
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3Cited by5 opinions
- Riverton Valley Drainage Dist. v. Board of County Com'rs.Wyoming Supreme Court · 1937
- State v. BonzerNorth Dakota Supreme Court · 1938
- Board of Education of Town of Ringling v. State Ex Rel. BentonSupreme Court of Oklahoma · 1935
- Board of Com'rs. v. Byron Drainage Dist.Wyoming Supreme Court · 1938
- State v. Grand Forks CountyNorth Dakota Supreme Court · 1941