Furth v. Town of West Seattle

Citations

• 37 Wash. 387
• 79 P. 936
• 1905 Wash. LEXIS 740

Syllabus

<p>Municipal Corporations — Street Railways — Franchises — Forfeiture — Excuse for Failure of Contractor — Accident or Inability to Obtain Material. Where a street railway franchise provided for a forfeiture of security unless “in case of . . . accident . . . inability to obtain material . . .” etc., it would seem that it was not a sufficient excuse to fail to construct the line, that the requirement of the United States government for costly drawbridges across public waterways for a connecting line was prohibitory of the enterprise.</p> <p>Same — Forfeiture of Deposit — Wrongful Appropriations — • Remedy — Mingling With General Fund — Trusts—Injunction. Where a certified check is deposited with a town clerk to be forfeited upon failure to comply with a street railway franchise, and, at the expiration of the time limited, the forfeiture is declared by the town council, and the check cashed and its proceeds mingled with the general funds of the town, without fraud on the part of the town, the proceeds are not held in trust nor can equity interfere, and injunction will not lie to prevent the amount from being drawn out of the general fund, the remedy for appropriating the check without right being an action at law.</p>