Humphrey v. Jones
Supreme Court of Missouri
Error to Louisiana Court of Common Pleas. — IIon. G. Porter, Judge. In November, 1868, defendant was sole director of school district' No. 4, township 54, in Pike county. The district being without a school house, a meeting of citizens was held for the purpose of devising some plan to procure one. Both plaintiff and defendant attended the meeting and participated in its proceedings.
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Error to Louisiana Court of Common Pleas. — IIon. G. Porter, Judge. In November, 1868, defendant was sole director of school district' No. 4, township 54, in Pike county. The district being without a school house, a meeting of citizens was held for the purpose of devising some plan to procure one. Both plaintiff and defendant attended the meeting and participated in its proceedings. It was unanimously agreed by the meeting that the district should borrow money, and defendant was instructed to draw up and sign the note for the district. Acting upon this instruction, he executed the instrument…
1Opinion
*64 On Rehearing.
Sherwood, C. J.
The original opinion in this ease was based upon an assumed similarity between it and the one which it apparently followed. Upon a more careful examination of the two cases, however we find them totally unlike in facts and consequently the law applicable to them. In the former case there were three directors, who endeavored to bind the school district by separate action, and not as a board; and we held the district could only be bound by the directors when strictly acting within the limits of their official capacity. Here, there, is but one director, and the…
2Cases cited1 opinion
- Klostermann v. LoosSupreme Court of Missouri · 1874
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