City of Seattle v. Stirrat

Citations

• 55 Wash. 560
• 104 P. 834
• 1909 Wash. LEXIS 800

Syllabus

<p>Municipal Corporations — Powers—Officers—Liability of City for Misfeasance — Improvements—Funds. In tbe matter of local improvement contracts, a city exercises proprietary or private functions as distinguished, from governmental or public functions; and for this reason must answer for misfeasance of its officers and is responsible for money paid to tbe city comptroller under a long established practice or custom, and appropriated by that officer, although the charter provides for the payment of moneys into the city treasury; the moneys received for such improvements not being “moneys of the city” within the charter meaning of the term, especially where the indebtedness created for such improvements is a charge against the property and not a debt of the city.</p>