Central School Supply House v. School Board

Citations

• 9 Pa. Super. 110
• 1898 Pa. Super. LEXIS 128

Syllabus

<p>Municipal law — Warrants of school board not negotiable — Presumption of assignment from circumstances — Question for jury.</p> <p>Orders drawn by the president of a board of school directors on the treasurer of a school district are not negotiable bills or orders but mere warrants for the payment of money to the persons to whom they are issued to be disbursed by the treasurer under authority of law.</p> <p>A warrant having been assigned, as alleged by use plaintiff, in a suit brought, not on the warrant, but the contract back of it, the equitable plaintiff is entitled to have left to the jury the question whether the legal plaintiff has been paid in full, there being no defense on the merits, and the jury should have been instructed that no formal assignment was necessary because equity presumed that to be done which ought to have been done.</p>