National Bank v. Duval County

Citations

• 45 Fla. 496

Syllabus

<p>1. In the absence of statute, or a valid agreement for interest, county warrants do not hear interest even after demand and a refusal to pay them, for want of funds.</p> <p>2. A county can not he burdened with expense or debt except so far as tbe power is given therefor either expressly or by clear- implication from some other power expressly given. Being.the creature of statute, the extent of its action towards incurring liability must he limited by statute.</p> <p>3. A county being without sufficient money wherewith to pay its warrants drawn upon the county treasurer for its necessary and lawful expenses, the county commissioners agreed with a third person that such person should cash such warrants and that the county would pay such person interest at the rate of eight per cent, per annum upon the sums of money specified in said warrants, and which should be expended by such person- in cashing same, from the date of such expenditures until the principal sums oí the warrants should be paid by tbe county. In an action against the county to recover interest alleged to be due ■ under'such contract, held, that the county was not liable, as the commissioners ba4 no power to bind the county to pay interest by such contract.</p>