City of Huron v. Meyers

Citations

• 13 S.D. 420
• 83 N.W. 553
• 1900 S.D. LEXIS 162

Syllabus

<p>1. Where the treasurer of a city has paid interest coupons in good faith, .and turned them over to the pity, which still retains them, he is eptitled to be credited for the amount so paid in an action by the city against him to recover money alleged to have been collected by him as treasurer and not paid over.</p> <p>2. In an action by a city against its treasurer to recover money alleged to have been collected by him and not paid over, defendant alleged in his answer that while treasurer he paid out on warrants, and turned over to his successor, a certain amount; that he paid and delivered to plaintiff 11 interest coupons of a certain amount, which plaintiff received, and still retains; that he has fully paid plaintiff all demands of every kind; and that there is now due him from plaintiff, over and above all legal claims of plaintiff, a certain sum, being for amounts overpaid to plaintiff, for salaries, etc., and prayed judgment for such amount. Held, that the answer amounted to a counterclaim, notwithstanding it was not so designated, and hence was admitted by plaintiff’s failure to reply thereto.</p>