Quaker City National Bank v. City of Tacoma

Citations

• 27 Wash. 259
• 67 P. 710
• 1902 Wash. LEXIS 387

Syllabus

<p>MUNICIPAL CORPORATIONS- SPECIAL FUND WARRANTS-ORDER OF PAYMENT — MISAPPROPRIATION OF FUND-LIABILITY.</p> <p>The payment by tbe city of warrants drawn on a special fund, wbicb bad been issued subsequent in time to other warrants on tbe same fund, is sucb a misappropriation of tbe moneys belonging to sucb special fund as to render tbe city liable, where prior warrants are left unpaid by reason of tbe exhaustion of sucb special fund.</p> <p>SAME-MANDAMUS.</p> <p>Where tbe moneys belonging to a special fund have been misappropriated by, tbe city, mandamus will not lie to compel the city to pay warrants on sucb special fund out of tbe city’s general fund, but tbe remedy of tbe party injured by sucb misappropriation would be by an action sounding in tort for tbe injury suffered, judgment for wbicb would be satisfied by tbe issuance of a general fund warrant to be paid in-the order of its issuance out of moneys coming into tbe general fund.</p> <p>SAME-LIMITATION OF ACTIONS.</p> <p>Under Bal. Code, § 4800, subd. 2, wbicb provides that an action for an injury to tbe person or rights of another must be commenced within three years after tbe cause of action accrues, a complaint wbicb alleges tbe misappropriation by a city of tbe moneys of a special fund at a date more than three years prior to the commencement of tbe ac„mn is demurrable on tbe ground that it bad not been instituted within tbe time limited by law.</p> <p>SAME-DEFICIENCY IN SPECIAL FUND-POWER OF CITY TO REMEDY.</p> <p>Where a city has power uo pay tbe cost of a special street improvement, in whole or in part, out of its general fund, and also power to bind itself to pay any deficiency remaining after tbe exhaustion of tbe special fund, its promise to do so after a deficiency is found to exist is valid under tbe rule governing tbe ratification of contracts, whereby tbe power to make the contract forms tbe basis of liability and tbe performance of tbe act furnishes the consideration.</p> <p>SAME-LIMITATIONS.</