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· 3/14/1904

Commonwealth v. Sholtis

Citations

  • 24 Pa. Super. 487
  • 1904 Pa. Super. LEXIS 218

Syllabus

<p>Boroughs — Order to pay money — Defense.</p> <p>An order to pay money out of the general funds of a'borough, signed by the president and clerk of the borough council and directed' to the borough treasurer, is not a paper upon which suit may be.brought, being neither a bill, note, check nor contract; and it is not a satisfaction of the original indebtedness. ' Against such an order the borough'may set up the defense of-ultra vires or fraud, or want or failure of consideration. ..</p>

Judges: Beaver, Henderson, Morrison, Orlady, Porter, Rice, Smith

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