Nurnberger v. Town of Barnwell

Citations

• 42 S.C. 158
• 20 S.E. 14
• 1894 S.C. LEXIS 20

Syllabus

<p>1. Action Against Municipality — Money Had and Received. — Just after the passage of a statute forbidding municipal licenses for the sale of liquor for a longer term than six months, a liquor dealer paid, under protest, to a municipality the license fee for twelve months, and received license for twelve months, the town council promising to repay one-half of this fee if the license was illegal for the last six months of its term. The license having been illegal to that extent, the licensees were entitled to recover such half fee, it having been money taken by the council under a promise to repay, and not applicable to corporate purposes.</p>