Elrod v. Town of Bernadotte

Citations

• 53 Ill. 368

Syllabus

<p>1. Taxation—-for bounty purposes—by towns in Fulton county, under act of Februm\\y 9,1865. That act authorizes any town in Fulton county to levy and collect a tax for war purposes, not to exceed three per cent in any one year, to pay to volunteers, substitutes and drafted men, who might enlist or be drafted in the military service of the United States. It is held, the power to levy this tax was not exhausted by the levy of a tax of three per cent in any one year, but the act contemplated there might be a necessity for a further levy, which might be made to any extent, so it did not exceed three per cent in any one year, upon the taxable property in the several towns.</p> <p>3. Under this act, it -was competent for the several towns to incur debts for the purpose contemplated, and if the tax authorized to be levied for one year was not sufficient to pay them, successive levies might be made, until a sufficient sum should be raised for their payment, being limited only to the three per cent in any one year.</p> <p>3. So, where one of those towns employed an agent to secure volunteers in the army, to be credited to the town, in order to avoid the then impending draft, agreeing to pay such agent for liis services, and to reimburse him for all moneys advanced by him in accomplishing the purposes of the act, it was held, the town, as a municipal corporation, would be liable to the agent on such contract. The obligation thus incurred would not be that of the individual officers who acted in behalf of the town.</p> <p>4. Remedy—against towns—upon their contracts. Towns may be sued, in respect to their contracts, in any appropriate action at law, or in chancery, and there is no limit in the use of these remedies, as to the character of the claim. .</p> <p>5. Assumpsit—against a town. So, where a town employed an agent to procure volunteers in the army, and to be credited to the town, in order to avoid an impending draft-, the town agreeing to pay the agent for his service