Long v. Lemoyne Borough

Citations

• 222 Pa. 311
• 71 A. 211
• 1908 Pa. LEXIS 701

Syllabus

<p>Boroughs — Resolutions—Approval of chief burgess — Loan—Invalid loan —Act of May 23,1893, P. L. 113 .</p> <p>The resolution of a borough council authorizing the borrowing of money for municipal purposes, and the giving of a judgment note therefor, must be presented to the chief burgess for his approval and signature, and if this is not done the loan is invalid, and a judgment entered on the note against the borough will be stricken off. In such a case it is immaterial that the chief burgess was present when the resolution was passed, and personally applied to a bank for the loan.</p> <p>While a judgment against a borough entered on a judgment note given for a loan may be stricken off because the resolution authorizing the loan had not been submitted to the chief burgess for his approval, still if the borough intended to contract the loan and actually received the money, the debt is an honest one, and the lender may recover the amount of it from the borough in an action for money had and received.</p> <p>Boroughs — Municipalities—Member of council — Furnishing supplies. The statute which prevents a member of a borough council from profiting by any contract “for the sale or furnishing of any supplies or materials,” to his municipality, does not apply to a case where a borough council authorizes a loan from a bank, and a member of the council authorizing the loan is also a member of the banking association.</p> <p>Judgment — Invalid, judgment — Striking off judgment.</p> <p>As a general rule a judgment, regular on its face, will not be stricken off, but when it is entered wholly without authority it may be stricken off, for it is no judgment at all so far as it affects the rights of the defendant.</p>